Section 88 BNS (Bharatiya Nyaya Sanhita): Causing Miscarriage

Section 88 BNS which falls under Chapter V addresses the act of causing a miscarriage. It states that causing a miscarriage is prohibited unless it is done in good faith to save the woman’s life. The punishment depends on the stage of pregnancy: if the woman is not yet "quick with child" (i.e., fetal movement has not begun), the offender may face imprisonment for up to three years, a fine, or both. However, if the woman is "quick with child," the penalty under section 88 BNS increases to imprisonment for up to seven years along with a fine. Explore other important Judiciary Notes.

Section 88 BNS: 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 3 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.

Note: “The information provided on Section 88 BNS above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.” 

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Section 88 BNS (Bharatiya Nyaya Sanhita, 2023) addresses the offence of causing a miscarriage, setting clear legal boundaries and exceptions. Section 88 of BNS permits miscarriage only when carried out in good faith to save the woman’s life; Thereby, it must be done with honest intent to prevent her death. Causing a miscarriage for any other reason, even with the woman’s consent, is a punishable offence under section 88 BNS. The severity of punishment depends on the stage of pregnancy: if the fetus has not started moving (not "quick with child"), the penalty is up to 3 years of imprisonment, a fine, or both; if the fetal movement has begun (typically between 16–20 weeks), the punishment increases to up to 7 years in prison along with a fine. Read other sections related to the offence of Causing Miscarriage.

Section 88 BNS Essential Ingredients

Section 88 BNS lays down the legal framework for the offence of causing a miscarriage. This provision determines when such an act is considered lawful, and when it amounts to a punishable offence. Below are the essential elements that constitute an offence under Section 88 Bharatiya Nyaya Sanhita 2023:

Voluntarily Causing Miscarriage

Intention to cause miscarriage is an essential ingredient of the offence under Section 88 BNS. It includes such acts as administering medicine to a pregnant woman which causes abortion, this provision is applicable to cases where miscarriage is voluntarily caused and not as a result of any accident or mishap. 

Women with Child and Women Quick with Child

The meaning of the words, “women with child” simply means a pregnant woman, the moment a woman conceives and the pregnancy begins, then the woman is supposed to be, “with child”

The term, “quick with child” under Section 88 of BNS refers to a more advanced stage of pregnancy. Quickening is the perception by a woman that the movement of the fetus has taken place or the embryo has taken the fetal form.

Miscarriage

The word miscarriage is nowhere defined in Indian Penal Code, this word is synonymously used with the word, ‘abortion’. The term abortion is used only when ovum is expelled within first months of pregnancy, before placenta is formed, unlike miscarriage in which a foetus is expelled from the uterus from the fourth to seventh month of gestation, before it is viable

Consent of Women

Under section 88 of Bharatiya Nyaya Sanhita 2023, the woman with whose consent the miscarriage is caused is also liable to be punished, and the punishment which may extend up to seven years plus fine.

Section 88 BNS is essentially a modernized version of Section 312 IPC, retaining the core legal principles. The punishments and exceptions remain identical.

Section 88 BNS Judicial Interpretation

Judicial interpretation of Section 88 BNS by Indian courts has been crucial in determining the ambit and scope of essential elements of section 88 of BNS, mentioned hereinafter are some of the landmark judgments on section 88 of BNS:

• Tukaram S. Dighole v. State of Maharashtra (2010): 

The court in this case, dealt with a man who forced his wife to have an abortion without her consent. His motive was to avoid the financial responsibilities that come with raising a child. The Supreme Court took this matter seriously and found the husband guilty under section 312 IPC, now section 88 BNS. The court made it clear that forcing a woman to end her pregnancy, even if no physical harm is caused, can still be a crime because of the mental and emotional impact it leaves behind.

• Munna Lal v. State of Madhya Pradesh (1965): 

This is one of the earliest judgments on section 312 IPC, now section 88 BNS. A man gave his wife a traditional remedy to end her pregnancy, but instead of helping, it led to her death. There was no medical guidance involved. The court held him responsible not just for causing the miscarriage but also for her death. This case highlights how dangerous and legally risky it is to carry out an abortion in an unsafe and unlawful way.

• Rani v. State of Haryana (1996):

A woman was pressured by her in-laws to get an abortion against her wishes. She later revealed how the decision wasn’t hers and that it was done under family pressure. The court ruled that forcing someone into such a deeply personal and life-altering decision is not just wrong but also criminal and liability of punishment would arise under section 312 IPC now section 88 BNS. The judgment emphasized that any decision regarding abortion must be made freely and voluntarily by the woman herself.

• Suchita Srivastava v. Chandigarh Administration (2009): 

Here, a mentally challenged woman who was raped while staying at a government facility became pregnant. The administration wanted to end the pregnancy without her consent, assuming it was in her best interest. But the Supreme Court stated that every woman, regardless of mental capacity, has the right to make decisions about her own body. 

Conclusion

Section 88 BNS serves as a legal safeguard, ensuring that the act of causing a miscarriage is strictly regulated and only permitted under exceptional circumstances and, therefore, only allowed when it is done in good faith to save the life of the pregnant woman. By dividing between stages of pregnancy and prescribing stricter punishment for more advanced pregnancies, section 88 of BNS, emphasizes the increasing value placed on fetal development.

In essence, Section 88 of Bharatiya Nyaya Sanhita seeks to strike a delicate balance, on one hand, it protects the pregnant woman’s right to life and bodily autonomy, and on the other, it works to prevent forced termination of pregnancy in vulnerable or coercive circumstances. It reinforces the idea that abortion must be a carefully considered medical and ethical decision, not taken lightly, and always in alignment with legal standards.