Bharatiya Nyaya Sanhita, 2023
Section 89 BNS: Causing Miscarriage Without Woman's Consent
Section 89 of the Bharatiya Nyaya Sanhita, 2023 provides enhanced punishment when the offence described in Section 88 is committed without the consent of the woman. The provision applies whether or not the woman is "quick with child".
Text of Section 89 BNS
89. Causing miscarriage without woman's consent. Whoever commits the offence under section 88 without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
What Section 89 BNS Means
Section 89 is linked directly to Section 88 BNS. Section 88 deals with voluntarily causing a woman with child to miscarry, subject to the statutory exception stated there. Section 89 applies when that offence is committed without the woman's consent.
The absence of consent is therefore the distinguishing feature of Section 89. The provision expressly states that it applies whether the woman is quick with child or not.
Essential Ingredients of Section 89
- The conduct must amount to the offence under Section 88 BNS.
- The miscarriage must be caused without the consent of the woman.
- It is immaterial for Section 89 whether the woman is quick with child or not.
- On conviction, the court may impose imprisonment for life or imprisonment of either description for a term up to ten years.
- Fine is also mandatory under the wording of the section.
Punishment Under Section 89 BNS
| Offence | Punishment |
|---|---|
| Committing the Section 88 offence without the woman's consent | Imprisonment for life, or imprisonment of either description up to ten years, and fine. |
Difference Between Sections 88 and 89 BNS
| Provision | Core requirement | Maximum punishment stated in the provision |
|---|---|---|
| Section 88 | Voluntarily causing a woman with child to miscarry, subject to the statutory exception in Section 88. | Up to three years, or where the woman is quick with child, up to seven years and fine. |
| Section 89 | The Section 88 offence committed without the woman's consent. | Life imprisonment, or imprisonment up to ten years, and fine. |
Meaning of Consent in Section 89
Section 89 makes lack of the woman's consent central to the offence. Whether consent existed in a particular case is a question that depends on the facts, evidence and applicable legal principles. The section itself does not provide a separate definition of consent within its text.
Related BNS Provisions
Section 89 appears within the BNS group of provisions concerning miscarriage and related harm. The immediately connected provisions include Section 88 BNS - Causing miscarriage and Section 90 BNS - Death caused by act done with intent to cause miscarriage.
Official Legal References
- Ministry of Home Affairs - New Criminal Laws
- India Code - Bharatiya Nyaya Sanhita, 2023
- India Code - Official BNS Act PDF
This page provides general legal information based on the statutory text. Application of Section 89 in a particular case depends on the facts, evidence, procedural law and judicial interpretation.