Section 89 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 89 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the criminal act of causing a miscarriage without the woman's consent
📜 Legal Provision
Section 89 states:
"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."
This provision criminalizes the act of inducing a miscarriage in a woman without her consent, regardless of whether the woman is in the early or later stages of pregnancy.
🔍 Key Elements
Offence Under Section 88: Section 88 pertains to causing a miscarriage voluntarily. Section 89 specifically addresses the scenario where such an act is committed without the woman's consent.
Consent: The critical factor in this offence is the absence of the woman's consent. Whether the woman is in the early (not quick with child) or later (quick with child) stages of pregnancy, the act remains punishable if done without her consent
Punishment:
Imprisonment for Life: The offender may be sentenced to life imprisonment.
Imprisonment for a Term Up to Ten Years: Alternatively, the offender may face imprisonment for a term which may extend to ten years.
Fine: The offender shall also be liable to a fine.
⚖️ Comparison with Indian Penal Code (IPC)
Section 89 of the BNS, 2023 corresponds to Section 313 of the Indian Penal Code (IPC), 1860, which deals with causing miscarriage without the woman's consent. Both provisions aim to protect a woman's autonomy and bodily integrity by criminalizing non-consensual acts leading to miscarriage
🛡️ Legal Context
This section underscores the legal system's commitment to safeguarding women's rights and health. It ensures that any act leading to a miscarriage without the woman's consent is met with stringent legal consequences, reflecting the seriousness with which such violations are regarded.
In summary, Section 89 of the BNS, 2023 serves as a protective measure, ensuring that a woman's consent is paramount in matters concerning her reproductive health, and establishes severe penalties for those who violate this principle.
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