Code – Section 88 BNS
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.
Explanation of Section 88 BNS
What Does This Section Cover?
- Miscarriage caused without the woman’s consent is a serious offense punishable by up to 10 years imprisonment + fine.
- Miscarriage with the woman’s consent is also punishable if it is not done in good faith to save her life.
- Medical procedures done in good faith to protect the mother’s life are not punishable.
🔗 Read Section 85 BNS – Husband Subjecting Woman to Cruelty
Key Legal Aspects of Section 88 BNS
1. Miscarriage Without Consent (Serious Offense)
- If any person forces a woman to miscarry, it is a heinous crime.
- Punishment: Up to 10 years imprisonment + fine.
2. Miscarriage With Consent (Conditional Offense)
- If a woman consents, but the act is not done in good faith to save her life, it is still an offense.
- Punishment: Up to 3 years imprisonment or fine or both.
🔗 Read Section 86 BNS – Cruelty Defined
Illustrations and Examples
Example 1: Forced Miscarriage (Without Consent)
A woman’s husband, against her wishes, forces her to take illegal abortion pills. This is punishable under Section 88 BNS with up to 10 years imprisonment.
Example 2: Miscarriage With Consent (Not in Good Faith)
A woman, under pressure from her in-laws, agrees to terminate her pregnancy without any life-threatening medical reason. The doctor performing the procedure may be punished under Section 88 BNS.
Example 3: Medical Miscarriage (No Punishment)
A doctor performs a medically necessary abortion to save a woman’s life. This is not an offense under Section 88 BNS.
🔗 Read Section 87 BNS – Kidnapping a Woman for Marriage
Common Questions
1. Is abortion always illegal under Section 88 BNS?
- No, abortion is legal under the Medical Termination of Pregnancy (MTP) Act when performed in good faith by a registered doctor.
2. What if a woman is forced to miscarry by her husband or family?
- It is a criminal offense punishable by up to 10 years imprisonment and a fine.
3. Can a doctor be punished under Section 88 BNS?
- Yes, if the doctor performs an abortion without proper medical reasons or without the woman’s consent.
4. What is the difference between Sections 88 BNS and 312 IPC?
- Section 88 BNS replaces Section 312 IPC but retains similar legal provisions for miscarriage-related offenses.
5. Can a woman file a case against forced miscarriage?
- Yes, she can immediately approach the police or a lawyer to file a complaint.
🔗 Read Section 82 BNS – Marrying Again During Spouse’s Lifetime
Conclusion
Section 88 BNS aims to protect women’s reproductive rights by criminalizing forced miscarriages and regulating medically unsafe terminations. It ensures that only lawful abortions performed in good faith remain legal while punishing those who force or deceive women into miscarriage.
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