Bharatiya Nyaya Sanhita, 2023 · Section 88

BNS 88: earlier IPC 312

Section 88 of the Bharatiya Nyaya Sanhita, 2023 replaces Section 312 of the Indian Penal Code, 1860. BNS 88 deals with causing miscarriage. The Bharatiya Nyaya Sanhita came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Nyaya Sanhita

BNS 88 was IPC 312.

Causing miscarriage.

Carried over
Old wording kept in full
Old · IPC 1860 · Ch. XVI
s. 312
Causing miscarraige
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.
Text from the official India Code PDF
New · BNS 2023 · Ch. V
s. 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.
Text from India Code
Old classification · CrPC First Schedule, for IPC 312
Causing miscarriage.
CognizableNon-cognizable
BailableBailable
PunishmentImprisonment for 3 years, or fine, or both.
Triable byMagistrate of the first class.
If the woman be quick with child.
CognizableNon-cognizable
BailableBailable
PunishmentImprisonment for 7 years and fine.
Triable byMagistrate of the first class.
For an offence under the BNS, check the First Schedule of the BNSS.
Judgments on s. 312 IPCBNS 88 on India Code Source: NCRB section table
Related sectionsIPC 312 · Causing miscarraige
BNS 87 · Kidnapping, abducting or inducing woman to compel her marriage, etc.BNS 89 · Causing miscarriage without woman's consent.

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