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Section 89: Causing Miscarriage Without Woman's Consent

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

Chapter V: Of Offences Against Women & Children
Court of Session
Non-Bailable
Cognizable
Formerly Sec 313 IPC
Section 88 All 358 Sections of Bharatiya Nyaya Sanhita Section 90

Legal Commentary & Landmark Judgments: Section 89

Section 89 penalizes causing miscarriage without the woman's consent, prescribing imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and fine.

  • Complete Absence of Consent: The miscarriage is induced by force, stealth, drugging, or assault without the pregnant woman's knowledge or consent.
  • Extreme Penalty Scale: Punishable with imprisonment for life or up to ten years imprisonment.
  • Protection of Female Reproductive Autonomy: Severely punishes forced sex-selective abortions and physical assaults causing termination of pregnancy.
Key Landmark Precedents:
  • State of Maharashtra v. Flora Santuno Kotian (2007) 12 SCC 333: The Supreme Court held that causing miscarriage without consent under Section 313 IPC (Section 89 BNS) is a grave felony striking at maternal bodily integrity and life.
  • Tulshiram v. State of Maharashtra (2002) 8 SCC 41: Affirmed that physical assaults upon pregnant women leading to forced miscarriage warrant severe custodial sentences.
Courtroom Practice & Strategic Litigation Guidance:

In domestic violence trials where an in-law administered abortifacient pills or assaulted a pregnant woman, charge under Section 89 BNS alongside Section 86 BNS: the life imprisonment penalty provides maximum coercive leverage during bail hearings.

Section 88 All 358 Sections of Bharatiya Nyaya Sanhita Section 90