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 — —Awoman who causes herself to miscarry, is within the meaning of this section.
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.
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.