Code – Section 89 BNS
Whoever commits the offence under section 88 without the consent of the woman,
whether the woman is quick with child or not, shall be punished with imprisonment for life, or
with imprisonment of either description for a term which may extend to ten years, and shall
also be liable to fine.
Explanation of Section 89 BNS
What Does This Section Cover?
- If miscarriage is caused without the woman’s consent, it is a serious criminal offense.
- Punishment: Imprisonment up to life or up to 10 years + fine.
- The punishment applies regardless of whether the woman is “quick with child” (i.e., fetus has movement) or not.
🔗 Read Section 88 BNS – Causing Miscarriage
Key Legal Aspects of Section 89 BNS
1. No Consent = Serious Criminal Offense
- If miscarriage is caused without the woman’s consent, strict punishment is imposed.
- Example: A woman is forcibly given abortion pills against her will.
2. Whether Pregnant Woman Feels Fetal Movement or Not
- The offense is applicable at any stage of pregnancy.
- Example: A woman in her first trimester is forcibly made to terminate the pregnancy.
3. Harsh Punishment for the Offense
- Life imprisonment or up to 10 years imprisonment + fine.
- A stricter penalty ensures women’s reproductive rights are protected.
🔗 Read Section 87 BNS – Kidnapping a Woman for Marriage
Illustrations and Examples
Example 1: Forced Abortion by Husband (Punishable Under Section 89 BNS)
A woman’s husband secretly mixes abortion pills in her food without her knowledge. This is a criminal offense under Section 89 BNS and is punishable by life imprisonment or 10 years in jail.
Example 2: Forced Miscarriage by In-Laws (Punishable Under Section 89 BNS)
A woman’s in-laws take her to a doctor under false pretenses and forcibly get an abortion done. This is a grave crime under Section 89 BNS.
Example 3: Medically Necessary Abortion (Not Punishable)
A doctor performs an abortion in good faith to save the woman’s life. This is not an offense under Section 89 BNS.
🔗 Read Section 85 BNS – Husband Subjecting Woman to Cruelty
Frequently Asked Questions (FAQs) on Section 89 BNS
1. What is the difference between Section 88 and Section 89 BNS?
- Section 88: Covers causing miscarriage, including cases with the woman’s consent but not in good faith.
- Section 89: Covers forced miscarriage without the woman’s consent, imposing life imprisonment or 10 years.
2. What if a husband forces his wife to abort against her will?
- This is a crime under Section 89 BNS, punishable with life imprisonment or up to 10 years jail + fine.
3. Can a doctor be punished under Section 89 BNS?
- Yes, if the doctor performs an abortion without the woman’s consent, they can face strict punishment.
4. Can a woman file a case against forced miscarriage?
- Yes, she can file an FIR at the nearest police station under Section 89 BNS.
5. Does Section 89 BNS allow legal abortions?
- Yes, if done under the Medical Termination of Pregnancy (MTP) Act with the woman’s informed consent.
🔗 Read Section 82 BNS – Marrying Again During Spouse’s Lifetime
Conclusion
Section 89 BNS protects women from forced miscarriages by imposing strict punishments, including life imprisonment. It ensures women have full control over their reproductive rights and punishes those who force termination against their will.
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