BNS Section 89: Causing miscarriage without the woman consent (2026)
What Section 89 of the Bharatiya Nyaya Sanhita (BNS) covers, how it maps to Section 313 of the old Indian Penal Code (IPC), the punishment, and the classification. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 89 of the Bharatiya Nyaya Sanhita (BNS) punishes a person who causes a woman to miscarry without her consent. It is the aggravated form of the miscarriage offence, and it replaced Section 313 of the Indian Penal Code (IPC) from 1 July 2024. The punishment is severe: imprisonment for life, or imprisonment up to ten years, and a fine. This explainer sets out what Section 89 covers, its link to the base offence in Section 88, how it maps to the old law, and the punishment. Last verified October 2026.
- New section: causing miscarriage without the woman consent is Section 89 of the BNS, in force since 1 July 2024.
- Old section: it replaced Section 313 of the IPC. The base offence (old Section 312) is now Section 88.
- Punishment: imprisonment for life, or up to ten years, and a fine.
- Classification: cognizable, non-bailable, triable by the Court of Session.
01Why this section matters
Causing a woman to miscarry is a serious offence on its own. It becomes far more serious when it is done without her consent. Section 89 of the BNS deals with that aggravated case, and it carries one of the heaviest punishments in this part of the code, up to imprisonment for life.
This matters because consent is the dividing line. The same physical act carries a much higher sentence if the woman did not agree to it. For any such offence on or after 1 July 2024, the charge is read under Section 89 of the BNS, not Section 313 of the IPC.
02What Section 89 covers
Section 89 applies where a person commits the offence of causing miscarriage without the consent of the woman. It applies whether or not the woman is quick with child, that is, whether or not the pregnancy has reached the stage of perceptible movement. The absence of consent is what lifts the offence into this section.
The miscarriage offence here is read with the base offence in Section 88 of the BNS, which punishes voluntarily causing a woman with child to miscarry. Section 89 takes that act and adds the aggravating element of no consent, with a much higher punishment.
Consent is the dividing line
If the miscarriage is caused with the woman consent and not in good faith to save her life, the offence falls under the base provision. Section 89 is for the case where it is done without her consent.
03The base offence in Section 88
Section 88 of the BNS is the base offence of causing miscarriage. It punishes a person who voluntarily causes a woman with child to miscarry, unless the miscarriage is caused in good faith to save the woman life. That base offence carries a lower punishment than Section 89.
Section 89 builds on that base by removing the woman consent. So the structure is: Section 88 is the general miscarriage offence, and Section 89 is the aggravated offence where the act is done without the woman consent. This mirrors the old pairing of Sections 312 and 313 of the IPC. To research how these offences are charged, see case search across Indian courts.
04Old to new: IPC 313 to BNS 89
Section 313 of the IPC is now Section 89 of the BNS, and the base offence in old Section 312 is now Section 88. The punishment is carried over, so the change here is mainly the numbering.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Base offence (causing miscarriage) | Section 312 | Section 88 |
| Miscarriage without consent | Section 313 | Section 89 |
| Imprisonment | Life, or up to ten years | Life, or up to ten years |
| Fine | Yes | Yes |
Because the text is carried over, decisions under Section 313 of the IPC continue to guide how Section 89 is read.
05Punishment and classification
The punishment under Section 89 is imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and a fine. Life imprisonment reflects the gravity of causing a miscarriage without the woman consent.
On classification, the offence under Section 89 is:
- Cognizable: the police can register a case and investigate.
- Non-bailable: bail is not a matter of right and is decided by the court.
- Triable by the Court of Session.
Among the heavier offences in this chapter
Because life imprisonment is a possible sentence, Section 89 is treated as a grave offence and is tried by the Court of Session.
06What changed from the old law
For Section 89, the elements and the punishment are carried over from Section 313 of the IPC, so the main change is the section number. The pairing with the base offence, now Section 88, is also carried over from the old Sections 312 and 313.
Because the substance is unchanged, old case law still guides how Section 89 is read, including on the meaning of consent and good faith to save life.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A Section 89 prosecution is serious and runs through investigation, charge and a Sessions trial, usually leaning on medical evidence. Claw lets you examine how consent and the miscarriage offences have been read by the courts, across both Section 313 of the old code and the new Section 89. It searches 30 crore and more judgments, reaching back to the Supreme Court in 1950 and the High Courts in 1990, and keeps cases, orders and hearings in view across 9,102 courts, benches and forums, with results in under 5 seconds.
Claw does not train its AI models on the documents customers upload, so sensitive records stay protected. Open a free Claw account to follow the consent and miscarriage rulings and to track a live matter by party or advocate name.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- Section 89, BNS (bare text): devgan.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is Section 313 IPC in the BNS?
Section 313 of the IPC is now Section 89 of the Bharatiya Nyaya Sanhita, 2023. It punishes causing a woman to miscarry without her consent. The base offence of causing miscarriage, old Section 312, is now Section 88.
What is the punishment under BNS Section 89?
Imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and a fine.
Does it matter whether the woman is quick with child?
No. Section 89 applies whether or not the woman is quick with child. The key element is that the miscarriage was caused without her consent.
Is an offence under Section 89 bailable?
No. Section 89 is a cognizable and non-bailable offence, triable by the Court of Session. Bail is not a matter of right and is decided by the court.
Does old case law on Section 313 still apply?
In large part, yes. Because the elements and punishment are carried over, decisions under Section 313 of the IPC continue to guide how Section 89 of the BNS is read.
Can I track a case under Section 89 in Claw?
Yes. Claw tracks a Section 89 matter by party or advocate name and shows its orders and hearings across 9,102 courts, benches and forums in under 5 seconds. It researches and follows the case but does not give legal advice.