What is the punishment under BNS Section 88?

The punishment for this specific offense is outlined under the new law as: Imprisonment up to Three Year(s) + Fine.

Is BNS Section 88 bailable or non-bailable?

Under the new legal framework, this specific offense is classified as a Non-bailable offense.

Is BNS Section 88 a cognizable offense?

The legal status regarding police arrest without a warrant is that this offense is Cognizable.

Which court has the jurisdiction to try cases under BNS Section 88?

Cases pertaining to this specific BNS section are triable by the Magistrate First Class.

Can BNS Section 88 be compromised (Compoundable)?

The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).

BNS Section 88- Causing miscarriage | Bharatiya Nyaya Sanhita 2023

Hello readers! Today, we are going to break down Section 88 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.

Bare Act Text

Causing miscarriage.—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.—A woman who causes herself to miscarry, is within the meaning of this section.

Procedural Details

Punishment

Imprisonment up to Three Year(s) + Fine

Nature of Offense

Cognizable

Bail Eligibility

Non-bailable

Compoundability

Non-Compoundable (Refer to BNSS 359 for exceptions)

Trial Court

Magistrate First Class

Frequently Asked Questions about BNS Section 88

Pramod Pal Founder and Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.