BNS Section 89 : Causing Miscarriage Without Woman’s Consent
Section 89 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It focuses on offenses related to bodily harm and reproductive rights. This section specifically addresses the crime of causing a miscarriage without the woman’s consent, making it an offense to terminate a pregnancy without her voluntary agreement.
Definition of BNS Section 89
Section 89 of the BNS 2023 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.
Explanation and Illustration of Section 89 (Bharatiya Nyaya Sanhita, 2023)
The provided information addresses a serious enhancement of punishment for offenses under Section 88 of the Bharatiya Nyaya Sanhita (BNS) when the act is committed without the consent of the woman, irrespective of whether she is 'quick with child' (in the advanced stage of pregnancy) or not.
Key Elements of the Offense:
Explanation:
Objective:
The provision aims to:
Example:
A man forces his pregnant wife to undergo an abortion without her consent, despite her objections. Whether she is in the early stages or quick with child, the man’s actions are considered a criminal offense under Section 89 of the Bharatiya Nyaya Sanhita. Since the miscarriage was induced without her consent, the man could face life imprisonment or up to ten years of imprisonment, along with a fine.
Key Points of BNS Section 89
Section BNS-89 of the Bharatiya Nyaya Sanhita (BNS) addresses the grave offense of causing a miscarriage without the woman's consent. It prescribes severe penalties for those who violate this law, regardless of the stage of pregnancy, whether early or advanced.
Offense Without Consent
Punishment Severity
Applicability Regardless of Pregnancy Stage
Objective of the Law
Differences Between Section 89 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 89 and its equivalent Indian penal code IPC section 313 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 89 | Causing miscarriage without woman’s consent. | 313 | In place of words 'defined in last preceding section' previous section number is mentioned in BNS. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 89 of the Bharatiya Nyaya Sanhita (BNS)
Can a woman herself be charged under Section 89 for causing a miscarriage without consent?
Yes, a woman could potentially be charged under Section 89 if she causes a miscarriage without the consent of the involved party. However, the law focuses more on protecting her rights and penalising those who coerce or force her into such actions.
How does Section 89 differ from other abortion laws?
Section 89 specifically criminalises non-consensual miscarriages, whereas other abortion laws (like those governed by the Medical Termination of Pregnancy Act) regulate abortion with consent and within legal frameworks. Section 89 deals with situations where the woman's consent is forcefully disregarded.
Does Section 89 apply to forced miscarriages?
Yes, Section 89 specifically applies to cases of forced miscarriages. If an individual or group causes a woman to lose her pregnancy against her will, they are criminally liable under this provision.
What factors influence the severity of punishment under Section 89?
The severity of punishment under Section 89 can be influenced by factors like the stage of pregnancy, the method of inducing miscarriage, and whether the offense was premeditated or done with malicious intent. The law ensures that the punishment fits the severity of the crime.
Are there any defenses against a charge under Section 89?
A potential defense could be proving that the miscarriage was conducted with the woman’s consent or done in good faith for medical reasons. If the miscarriage was performed under conditions that justified it, such as saving the woman’s life, no offense would have occurred.
How does Section 89 protect women’s rights?
Section 89 safeguards women’s rights by criminalising non-consensual miscarriages, ensuring that no one can interfere with a woman's reproductive choices. The law aims to prevent coercion, ensuring that a woman’s consent is prioritised in decisions related to pregnancy.
What impact does Section 89 have on reproductive rights?
Section 89 reinforces the protection of a woman’s reproductive rights, focusing on her autonomy over pregnancy decisions. By criminalising non-consensual miscarriages, the provision upholds the principle that no one should forcibly interfere with a woman’s choice regarding her body and pregnancy.
