Bharatiya Nyaya Sanhita, 2023 — Section 88

Causing Miscarriage

Section 88 punishes voluntarily causing a woman with child to miscarry, unless the miscarriage was caused in good faith to save the woman's life. The punishment is imprisonment up to three years, or fine, or both; if the woman is quick with child, the punishment rises to imprisonment up to seven years and fine. A woman who causes her own miscarriage falls within the section.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 88 to old IPC Section 312, and cross-checked directly against the bare text of both Acts. This section opens a new sub-topic within Chapter V — "Of Causing Miscarriage, Etc."

BNS section	IPC, 1860 equivalent	Category
88	312	Exact

Comparing the two texts word for word, Section 88, including its Explanation on a woman causing her own miscarriage, is reproduced without any substantive change from old IPC Section 312.

Quick Reference

Classified as follows in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), quoted as that Schedule words each entry:

Causing miscarriage: punishment — “Imprisonment for 3 years, or fine, or both.” · cognizable or non-cognizable — “Non-cognizable.” · bailable or non-bailable — “Bailable.” · triable by — “Magistrate of the first class.”
If the woman be quick with child: punishment — “Imprisonment for 7 years and fine.” · cognizable or non-cognizable — “Non-cognizable.” · bailable or non-bailable — “Bailable.” · triable by — “Magistrate of the first class.”
Compoundable: Compoundable, but only with the permission of the court, by the woman to whom the miscarriage is caused (BNSS S.359(2)).

Statutory Text (Verbatim)

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.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Voluntarily causing a woman with child to miscarry

Explanation (Lexovia's Commentary)

Section 88 punishes voluntarily causing a woman with child to miscarry, unless the miscarriage was caused in good faith for the purpose of saving the woman's life — that good-faith, life-saving exception is built into the offence itself. Where the woman is quick with child (that is, at a stage where foetal movement is perceptible), the punishment rises from three years to seven years' imprisonment, with fine becoming mandatory rather than an alternative. The Explanation makes clear that a woman who causes her own miscarriage is herself within the meaning of the section, alongside anyone else who voluntarily causes it.

Illustration (Lexovia's Own Example)

A administers a substance to Z, a woman quick with child, without her consent and not in good faith to save her life, causing Z to miscarry. A is liable under Section 88 for the higher, seven-year tier. In a separate instance, Z herself voluntarily causes her own miscarriage, not in good faith to save her life. Z, too, is within the meaning of Section 88 by virtue of the Explanation.

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Judgment(s) Applicable to This Section (Lexovia's Commentary — Quoted Paragraphs Verbatim)

These judgment(s) relate to Section 88 as a whole rather than to one specific sub-section, and so are presented together here rather than alongside a particular clause above.

Digambar & Anr. v. State of Maharashtra & Anr., [2024] 12 S.C.R. 1533 : 2024 INSC 1019 (Crl. A. No. 5542 of 2024) (Supreme Court of India, decided 20 December 2024)

Quoted Paragraph (Verbatim)

Para No. 25

“the ingredients necessary for the offence under Section 312 of the IPC is that the miscarriage must be voluntarily caused and must not be caused in good faith for the purpose of saving the life of the woman.” (para 25)

What This Judgment Means (Lexovia's Commentary)

Digambar analyses IPC s.312 (predecessor of BNS 88) and its ingredients (para 25; text reproduced in para 24), applying them at quashing stage.

Source: copy of the judgment obtained from the Supreme Court of India's official website.

Related / Cross-Referenced Sections

FAQs

Is causing a miscarriage to save the woman's life punishable under Section 88?

No. The section applies only if the miscarriage is not caused in good faith for the purpose of saving the woman's life. A miscarriage caused in good faith for that purpose falls outside the offence.

Does the woman's own consent to the miscarriage matter under Section 88?

Section 88 itself does not turn on consent — it applies whether or not the woman consented. A separate, more serious offence at Section 89 specifically addresses miscarriage caused without the woman's consent.

Can a woman be liable under Section 88 for causing her own miscarriage?

Yes. The Explanation expressly states that a woman who causes herself to miscarry is within the meaning of the section.