Criminal LawSection 88, Bharatiya Nyaya Sanhita, 2023

BNS Section 88

What punishment does the law prescribe for causing a miscarriage to a pregnant woman?

Short answer

Imprisonment up to 3 years (or fine) if not to save her life, and up to 7 years (plus fine) if she is quick with child.

In detail

Section 88 of the Bharatiya Nyaya Sanhita, 2023 makes it a criminal offence to voluntarily cause a pregnant woman to miscarry, unless it is done in good faith to save her life. If the miscarriage is caused without this life‑saving justification, the offender can be sentenced to imprisonment for any description for a term that may extend to three years, or be fined, or both. When the woman is "quick with child" (i.e., in the later stages of pregnancy), the maximum imprisonment increases to seven years, and a fine is also imposed. The provision expressly includes a woman who causes her own miscarriage, meaning self‑induced abortion is also covered. Consent from the woman does not provide a defence; the law focuses on the act and the absence of a life‑saving purpose.

Reviewed by LegalX Editorial · 3 September 2026View source

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