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Bharatiya Nyaya Sanhita, 2023 Chapter V · Of Offences Against Woman and Child — Of Causing Miscarriage, Etc.
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Bharatiya Nyaya Sanhita, 2023 — Section 89

Causing Miscarriage Without Woman's Consent

Section 89 punishes committing the Section 88 offence without the woman's consent, whether or not she is quick with child, with imprisonment for life, or imprisonment of either description up to ten years, and fine.

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 89 to old IPC Section 313, and cross-checked directly against the bare text of both Acts.

BNS sectionIPC, 1860 equivalentCategory
89313Exact

Comparing the two texts word for word, Section 89 is reproduced without any substantive change from old IPC Section 313, apart from the cross-reference itself now naming "section 88" directly rather than the old text's "the last preceding section" — a natural consequence of the renumbering, not a change in meaning.

Quick Reference

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

Section 89: punishment — “Imprisonment for life, or imprisonment for 10 years and fine.” · cognizable or non-cognizable — “Cognizable.” · bailable or non-bailable — “Non-bailable.” · triable by — “Court of Session.”
Compoundable: Not listed in either compounding table of BNSS S.359.

Statutory Text (Verbatim)

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.

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)

Committing the Section 88 offence without the woman's consent

Explanation (Lexovia's Commentary)

Section 89 escalates the Section 88 offence sharply when the woman's consent is absent. Where Section 88 caps punishment at three or seven years depending on whether the woman is quick with child, Section 89 removes that distinction entirely — it applies "whether the woman is quick with child or not" — and raises the punishment to imprisonment for life, or imprisonment of either description up to ten years, with fine. The absence of consent is what elevates the conduct from Section 88 to this more serious offence.

Illustration (Lexovia's Own Example)
A, without Z's knowledge or consent, administers a substance to Z, a woman with child but not yet quick with child, causing Z to miscarry. Because Z did not consent, A is liable under Section 89 rather than the lower Section 88 tier that would otherwise apply.
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Judgment(s) Applicable to This Section (Lexovia's Commentary — Quoted Paragraphs Verbatim)

These judgment(s) relate to Section 89 as a whole rather than to one specific sub-section, and so are presented together here rather than alongside a particular clause above.

Digambar and Another v. The State of Maharashtra and Another, [2024] 12 S.C.R. 1533 : 2024 INSC 1019 (Supreme Court of India, Criminal Appeal No. 5542 of 2024, decided 20 December 2024, B.R. Gavai & K.V. Viswanathan, JJ.)

Quoted Paragraph (Verbatim)
Para No. 27
“… there is not even a whisper in the FIR about the complainant conveying the news of the pregnancy to the appellants or their son. It is unusual that when the allegations under Sections 312 and 313 of IPC are levelled against the appellants, such an important fact surrounding her pregnancy and its knowledge to the appellants is not to be found in the FIR…”
What This Judgment Means (Lexovia's Commentary)

A daughter-in-law's FIR accused her husband and parents-in-law of feeding her poisoned food that caused a miscarriage, invoking ss.312/313 IPC (this section's predecessor). The Supreme Court found the allegations inherently implausible: the FIR never explained how the appellants even knew she was pregnant, since she lived separately and had not informed them — yet they were alleged to have brought pre-made poisoned food from their village specifically for this purpose. The complaint was also filed only after a divorce notice, with no earlier mention of the incident. Concluding the case was a matrimonial dispute dressed up as a criminal complaint, the Court quashed the FIR as an abuse of process under s.482 CrPC.

Currency check: decided December 2024, a very recent authority directly on causing miscarriage without consent; no adverse subsequent history found.

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

Related / Cross-Referenced Sections

FAQs

How is Section 89 different from Section 88?

Section 88 applies to causing a miscarriage generally, with punishment varying by whether the woman is quick with child. Section 89 applies specifically where the woman did not consent, and carries a substantially higher punishment — up to imprisonment for life — regardless of whether she was quick with child.

Does it matter whether the woman was quick with child under Section 89?

No. Section 89 expressly applies "whether the woman is quick with child or not" — the distinction that matters for Section 88 does not affect Section 89's punishment.

Is this offence bailable?

No. Per the BNSS First Schedule, it is non-bailable, cognizable, and triable by the Court of Session.

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