Bharatiya Nyaya Sanhita, 2023

Section 88 BNS: Causing Miscarriage

Section 88 of the Bharatiya Nyaya Sanhita, 2023 deals with voluntarily causing a woman with child to miscarry, except where the miscarriage is caused in good faith for the purpose of saving the life of the woman. The provision also prescribes a higher punishment where the woman is "quick with child".

Current law: The Bharatiya Nyaya Sanhita, 2023 is Act 45 of 2023. Its provisions, except section 106(2), came into force on July 1, 2024.

Text of Section 88 BNS

88. Causing miscarriage. Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation. A woman who causes herself to miscarry, is within the meaning of this section.

What Section 88 BNS Means

Section 88 criminalises the voluntary causing of miscarriage when the statutory exception does not apply. The prosecution must therefore establish the voluntary act of causing miscarriage and the circumstances required by the section. The provision itself expressly excludes a miscarriage caused in good faith for the purpose of saving the life of the woman.

Essential Ingredients of Section 88

There must be a woman with child.
The miscarriage must be caused voluntarily.
The case must not fall within the statutory exception for an act done in good faith for the purpose of saving the woman's life.
If the woman is "quick with child", the section provides a higher maximum term of imprisonment and also makes fine applicable.
The Explanation makes clear that a woman who causes herself to miscarry is also within the wording of the section.

Punishment Under Section 88 BNS

Situation	Punishment stated in Section 88
Voluntarily causing miscarriage, where the woman is not stated to be quick with child	Imprisonment of either description up to three years, or fine, or both.
Where the woman is quick with child	Imprisonment of either description up to seven years, and fine.

Meaning of "Quick with Child"

Section 88 uses the expression "quick with child" but does not separately define that expression in the section. Because the phrase affects the punishment prescribed, its application in a particular case depends on the facts and the governing legal interpretation.

Section 88 BNS and Lawful Medical Termination of Pregnancy

Section 88 should not be read in isolation from the special statutory framework governing lawful termination of pregnancy. The Medical Termination of Pregnancy Act, 1971 provides a separate legal framework under which pregnancies may be terminated by registered medical practitioners when the statutory conditions are satisfied.

Accordingly, the fact that Section 88 creates an offence relating to voluntarily causing miscarriage does not mean that every medical termination of pregnancy is criminal. Whether a termination is lawful depends on the applicable provisions of the Medical Termination of Pregnancy Act, 1971, the rules made under it, and the facts of the particular case.

Related BNS Provisions

Section 88 forms part of a group of BNS provisions dealing with miscarriage and harm to an unborn child. Closely related provisions include Section 89 BNS, causing miscarriage without a woman's consent, and Section 90 BNS, death caused by an act done with intent to cause miscarriage.

Official Legal References

This page explains the statutory provision for general legal information. The applicability of Section 88 in an individual matter depends on the facts, evidence, applicable special law, and judicial interpretation.