Section 88: Causing Miscarriage

Bharatiya Nyaya Sanhita • Chapter V: Of Offences Against Women & Children • Official Statutory Text & Legal Guide

Chapter V: Of Offences Against Women & Children
Magistrate 1st Class
Bailable
Non-Cognizable
Formerly Sec 312 IPC

Legal Commentary & Landmark Judgments: Section 88

Section 88 penalizes voluntarily causing miscarriage, providing imprisonment up to three years or fine if the woman be not quick with child, and imprisonment up to seven years and fine if she be quick with child, unless caused in good faith to save the woman's life.

  • Voluntary Causing of Miscarriage: Expulsion of the fetus prematurely before full term.
  • Enhanced Penalty for 'Quick with Child': Punishment escalates to seven years if the fetus has attained quickening (independent fetal movement).
  • Sole Statutory Exception: Saving Life: The act is excused ONLY if done in good faith for the purpose of saving the life of the woman, harmonized with the Medical Termination of Pregnancy Act, 1971.
Key Landmark Precedents:
  • Jacob Mathew v. State of Punjab (2005) 6 SCC 1: Affirmed that medical terminations performed by registered medical practitioners in registered facilities under the MTP Act are protected from penal prosecution under Section 312 IPC (Section 88 BNS).
  • X v. Principal Secretary, Health and Family Welfare Department (2023) 9 SCC 433: The Supreme Court recognized a woman's right to safe abortion up to 24 weeks under the MTP Act as an aspect of bodily autonomy under Article 21.
Courtroom Practice & Strategic Litigation Guidance:

In prosecutions for illegal abortion, check MTP Act compliance: if the procedure was performed by a registered gynecologist within statutory gestation limits with proper medical records, penal liability under Section 88 BNS is completely excluded.