Bharatiya Nyaya Sanhita 2023
Of the causing of miscarriage, etc :
Section 88 :
Causing miscarriage :
(See section 312 of IPC 1860)
Section : 88
Classification of Offence:
Offence : Causing miscarriage.
Punishment : Imprisonment for 3 years, or fine, or both.
Cognizable or Non-cognizable : Non-cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : The woman to whom miscarriage is caused.
By Which Court Triable : Magistrate of the first class.
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Offence : If the woman be quick with child.
Punishment : Imprisonment for 7 years and fine.
Cognizable or Non-cognizable : Non-cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : The woman to whom miscarriage is caused.
By Which Court Triable : Magistrate of the first class.
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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.
Indian Penal Code 1860 (IPC 1860)
Of the Causing of Miscarriage, of Injuries to Unborn Children, of the Exposure of Infants, and of the Concealment of Births :
Section 312 :
Causing miscarriage:
(See section 88 of BNS 2023)
Classification of Offence:
Offence: Causing miscarriage.
Punishment :Imprisonment for 3 years, or fine, or both.
Cognizable or Non-cognizable :Non-cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : 1.(The woman to whom miscarriage is caused .)
By Which Court Triable :Magistrate of the first class.
————
Offence : If the woman be quick with child.
Punishment :Imprisonment for 7 years and fine.
Cognizable or Non-cognizable :Non-cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : 1.(The woman to whom miscarriage is caused .)
By Which Court Triable :Magistrate of the first class.
————
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;
Explanation :
A woman who causes herself to miscarry, is within the meaning of this section.
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1. Subs. by Act 5 of 2009, s. 23, for TABLE (w.e.f. 31-12-2009).