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

Section 88: Causing miscarriage

The Bharatiya Nyaya Sanhita, 2023

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.

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

88	312. Causing miscarriage.

Questions on this section

2 questions in 5 of our papers cite Section 88. Try these from the free papers:

1. Z, who is pregnant, asks A to cause her miscarriage. A does so with Z's free consent. The miscarriage is not caused in good faith for the purpose of saving Z's life. Charged under Section 88 of the Bharatiya Nyaya Sanhita, 2023, A pleads Z's consent under Sections 25 and 26. Is the plea available?

Practise questions on Bharatiya Nyaya Sanhita