BNS Section 88 — Causing miscarriage

CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD — Of causing miscarriage, etc.

Criminal

Summary

Whoever voluntarily causes a woman who is pregnant to miscarry is punished with imprisonment of either kind for up to three years, or with a fine, or with both, provided the miscarriage was not caused in good faith to save the woman's life. If the woman is quick with child, meaning the pregnancy is advanced enough that the foetus has begun to move, the punishment is imprisonment of either kind for up to seven years, along with a fine.

The explanation clarifies that a woman who causes herself to miscarry is also covered by this section, meaning she can be punished under it as well.

Official Text

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.

Related Judgments

  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
  • SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
  • SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
  • SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
  • SC (2025) Vol.7 p.105 — Supreme Court of India (2025)

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