Causing miscarriage
Section 88 of the Bharatiya Nyaya Sanhita, 2023 deals with 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; The Act came into force on 01 Jul 2024.
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.
Section 88, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 312 Causing miscarriage Text carried over almost unchanged 96%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion. This section is classified 2 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Causing miscarriage. | Imprisonment for 3 years, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| If the woman be quick with child. | Imprisonment for 7 years and fine. | Non-cognizable. | Bailable. | Magistrate of the first class. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Xxx vs In Re- State of Assam
Decided under Indian Penal Code 312, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a criminal offence is continuing in nature, initiated in one jurisdiction with consequences ensuing in that same jurisdiction, and parts of the offence (including the consequences) occur within that jurisdiction, the court having jurisdiction over that area where the offence was initiated and consequences ensued has the authority to conduct the trial, even if part of the criminal acts occurred in a different jurisdiction. This principle applies under Sections 178 and 179 of the Criminal Procedure Code, 1973, and the trial court need not be changed merely because some acts constituting the offence occurred in a different territorial jurisdiction.
On this section: Offence of causing miscarriage. Court noted that part of this offence occurred under Nalbari jurisdiction where the pregnancy was terminated.
-
State Inspector of Police, Repalle Ps vs Pallapati Nissi Kumar Alias Boyaz
Decided under Indian Penal Code 312, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In cases relating to rape, the victim's evidence is crucial and significant. In the absence of credible testimony from the victim corroborating the allegations of sexual assault, the prosecution cannot prove the charge of rape beyond reasonable doubt, even if other circumstantial or medical evidence is available. The burden of proof lies on the prosecution to establish guilt beyond reasonable doubt, and when the victim turns hostile and denies the allegations, the prosecution's case fails for lack of essential evidence.
On this section: Causing miscarriage; requires proof of voluntary act causing miscarriage not in good faith for saving life of woman
-
Virendra Kumar vs State of Rajasthan through Pp
Decided under Indian Penal Code 312, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a petitioner seeking anticipatory bail demonstrates willingness to cooperate with investigation authorities by joining the investigation as directed by the court, and complies with interim bail conditions, the court may convert interim bail into absolute bail without expressing opinion on the merits of the case.
On this section: Causing miscarriage - charge against petitioner
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 88
What have the courts held on Section 88 of the Bharatiya Nyaya Sanhita?
Xxx vs In Re- State of Assam (21 Dec 2022) is the leading judgment on this section among those set out below, though it was decided under IPC 312, which this section replaced -- the court never mentioned this Act: Offence of causing miscarriage. Court noted that part of this offence occurred under Nalbari jurisdiction where the pregnancy was terminated. Another 2 judgments on this section are set out below. They run from 2016 to 2025.
Is Section 88 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 88 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.
How do I find court cases under Section 88 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 88, section 88 BNS, section 88 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 88 89 90. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Xxx vs In Re- State of Assam (21 Dec 2022).
What should I read with Section 88 of the Bharatiya Nyaya Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward IPC 312 (Causing miscarriage), so the judgments decided under that provision are the case law on this one.
When did Section 88 of the Bharatiya Nyaya Sanhita come into force?
Section 88 of the Bharatiya Nyaya Sanhita, cited as BNS 88, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.