BNS Section 89
What is the punishment for causing a miscarriage without the woman's consent?
Short answer
It can result in life imprisonment, or up to ten years in jail, plus a fine.
In detail
Section 89 of the Bharatiya Nyaya Sanhita, 2023 says that anyone who causes a miscarriage without the woman's consent faces severe punishment. The law does not care whether the woman was pregnant at the time; the offence applies in all cases. The court may order the offender to be imprisoned for life, which means they could spend the rest of their natural life in jail. If the court decides a shorter term, it can sentence the person to any period up to ten years. In addition to the prison term, the offender must also pay a monetary fine as determined by the court. This provision aims to protect a woman's bodily autonomy by imposing strict penalties on those who act without her permission.
Related questions
What actions are defined as 'hurt' under the Bharatiya Nyaya Sanhita?
Hurt means causing bodily pain, disease, or infirmity to any person.
Can a husband be forced to financially support his wife, children, or parents if he refuses?
Yes, a magistrate can order him to pay a monthly allowance and enforce it with fines or up to one month in jail.
If I accidentally hurt a consenting adult during a game, can I be criminally liable?
No, you are not criminally liable if the act was not intended to cause death or serious injury and the adult gave consent.
Can I defend myself even if it might harm a child nearby?
Yes, the law permits you to use private defence even if it risks harming an innocent person during a deadly assault.
People also ask
- What does Section 88 define as the offence of causing miscarriage?
- Can consent be given after the act of causing miscarriage has begun?
- Is there a lesser penalty if the miscarriage is caused with the woman's consent?
Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.