BNS — Criminal Abortion Provisions

Key Sections at a Glance

Section 88 — Causing Miscarriage (IPC S. 312)

• Voluntarily causing miscarriage of a woman with child.
• Done with or without the woman's consent.

• Simple/rigorous imprisonment up to 3 years, or fine, or both — if not quickened.
• Imprisonment up to 7 years + fine — if the woman is quick with child (i.e., fetal movement felt).

This section must be read alongside the Medical Termination of Pregnancy (MTP) Act, 1971 (as amended in 2021), which provides lawful exceptions for registered medical practitioners up to 20/24 weeks gestation.

Section 89 — Miscarriage Without Woman's Consent (IPC S. 313)

• Causing miscarriage without the consent of the woman, whether or not she is quick with child.
• Punishment: Imprisonment for life, or up to 10 years + fine.
• This is a non-bailable, cognizable offence.

Section 90 — Death Caused by Miscarriage Act (IPC S. 314)

• Performing an act with intent to cause miscarriage that results in the woman's death.
• Punishment:
  • Up to 10 years imprisonment + fine.
  • If done without the woman's consent: imprisonment for life or up to 10 years + fine.

Section 91 — Preventing Child Being Born Alive / Causing Death After Birth (IPC S. 315)

• Act done before or during birth of a child:
  • With intent to prevent it from being born alive, or
  • To cause it to die after birth.
• Exception: Not an offence if done in good faith to save the mother's life.
• Punishment: Imprisonment up to 10 years, or fine, or both.

Section 92 — Causing Death of Quick Unborn Child (IPC S. 316)

• Causing death of a quick unborn child by an act amounting to culpable homicide.
• Punishment: Imprisonment up to 10 years + fine.

Section 93 — Exposure and Abandonment of Child Under 12 Years (IPC S. 317)

• Parent or person having care of a child under 12 years exposes or abandons the child.
• Punishment: Imprisonment up to 7 years, or fine, or both.
• If death results from such exposure/abandonment: deemed to have caused the death (dealt with under homicide provisions).

Section 94 — Concealment of Birth (IPC S. 318)

• Secret disposal of the dead body of a child to conceal its birth, whether the child died before, during, or after birth.
• Punishment: Imprisonment up to 2 years, or fine, or both.

Important Legal Context

1. MTP Act, 1971 (amended 2021) carves out lawful exceptions — terminations by registered medical practitioners within prescribed gestational limits (up to 20 weeks generally; up to 24 weeks for special categories) are not criminal under BNS S. 88.
2. Consent is a critical element — absence of the woman's consent aggravates the offence significantly (BNS S. 89 vs S. 88).
3. "Quick with child" means a stage where the woman can feel fetal movements, typically around 16–20 weeks — it attracts enhanced punishment under S. 88.
4. All offences under Sections 88–94 BNS are cognizable (except S. 94 which may be bailable depending on jurisdiction).