Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section BNS Section 88: Causing miscarriage.
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.
Brief Detail
BNS Section 88 addresses the act of causing miscarriage. If someone voluntarily causes a miscarriage, except when done in good faith to save the woman’s life, they face up to three years of imprisonment, a fine, or both. In cases where the woman is quick with child, meaning more advanced in pregnancy, the punishment increases to a term of up to seven years, along with a fine. The section also includes women who cause themselves to miscarry within its scope.
Question & Answers
What does BNS Section 88 refer to?
BNS Section 88 refers to the act of causing a miscarriage, punishable by law unless it is done to save the life of the woman.
What are the consequences of causing a miscarriage under BNS Section 88?
If the miscarriage is not caused in good faith to save the life of the woman, the punishment can be up to three years of imprisonment, a fine, or both. If the woman is further along in her pregnancy, the punishment can be up to seven years of imprisonment and a fine.
Does the section include cases where a woman causes herself to miscarry?
Yes, BNS Section 88 also applies to cases where a woman causes herself to miscarry.
What is the increased punishment under BNS Section 88 if the woman is quick with child?
If the woman is quick with child, the punishment is up to seven years of imprisonment, along with a fine.
Example
- A person knowingly causes a pregnant woman to miscarry without the intent to save her life. Under BNS Section 88, this individual faces imprisonment for up to three years, a fine, or both.
- A woman in the advanced stages of pregnancy experiences a miscarriage caused by another person. According to BNS Section 88, the person responsible can be sentenced to up to seven years in prison, in addition to a fine.
- A woman, herself, takes action that leads to her miscarriage. She is still covered under BNS Section 88 and could face legal consequences.
Summary
BNS Section 88 of the law strictly prohibits causing a miscarriage, except in cases where it is necessary to save the woman's life. The penalties range from imprisonment of up to three years to seven years, depending on the stage of the pregnancy, and may also include fines. This section applies to both those who cause the miscarriage and women who cause it themselves.
