Causing Miscarriage Under the BNS (Section 88): IPC 312 Mapping (2026)

Explainer · New Criminal Code · BNS

Updated for 2026 · Claw Editorial

Causing a woman to miscarry is a criminal offence in India, with one important exception for medical care given in good faith to save her life. The new code keeps this offence, renumbered. If a charge sheet mentions Section 88 of the Bharatiya Nyaya Sanhita, this is the provision in play. This explainer sets out what Section 88 covers, the good-faith exception, the punishment, and how it maps to the old IPC Section 312. It also notes how this sits with the law that allows lawful medical termination. Last verified October 2026.

01Section 88 in one answer

Section 88 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who voluntarily causes a woman with child to miscarry, unless it is done in good faith to save the woman’s life. The BNS came into force on 1 July 2024 and replaced the Indian Penal Code.

The punishment is imprisonment of up to three years, or a fine, or both. If the woman is quick with child, meaning the stage at which the movement of the foetus is felt, the term rises to up to seven years, and a fine. This is the successor to IPC Section 312.

Section 88 punishes voluntarily causing a miscarriage, unless done in good faith to save the woman’s life. It carries up to three years, or up to seven years if she is quick with child.

02What the offence covers

The offence has three parts worth separating.

• The act: voluntarily causing a woman with child to miscarry.
• The exception: it is not an offence if the miscarriage is caused in good faith to save the woman’s life.
• The woman herself: a woman who causes her own miscarriage is also covered by the section.

Consent does not make the act lawful on its own. The only exception written into the section is the good-faith purpose of saving the woman’s life. Lawful termination is dealt with separately, under the medical termination law, discussed below.

03Punishment and classification

The punishment under Section 88 has two levels.

• Ordinary case: imprisonment of up to three years, or a fine, or both.
• Woman quick with child: imprisonment of up to seven years, and a fine.

The offence is non-cognizable and bailable, and it is triable by a Magistrate of the first class.

Where the miscarriage is caused without the woman’s consent, that is a separate and graver offence under the next provision (BNS Section 89, old IPC 313), which carries a much higher sentence.

04How it maps to IPC 312

Section 88 replaced IPC Section 312. The offence, the good-faith exception, and the two levels of punishment carried over almost word for word.

So the substance is essentially unchanged. The three-year ordinary term, the seven-year term where the woman is quick with child, and the explanation that a woman who causes her own miscarriage is within the section all remain. The main change is the renumbering and the move from the IPC to the BNS. For the full table, see our IPC to BNS section mapping, and for the wider reform see the new criminal laws of 2024.

05Lawful medical termination

Section 88 does not make every abortion a crime. A pregnancy terminated by a registered medical practitioner within the conditions of the Medical Termination of Pregnancy Act, 1971 is lawful and falls outside this offence.

In other words, Section 88 targets a miscarriage caused outside the lawful framework, for example by an unqualified person, or without meeting the conditions the special law lays down. A termination that complies with the medical termination law is protected.

06Practical points

• The good-faith exception is narrow. It covers saving the woman’s life, which is not the same as the wider grounds allowed under the medical termination law.
• Stage of pregnancy matters. Whether the woman was quick with child decides which punishment level applies, so it is often a contested fact.
• Date of the offence decides the code. The BNS applies to offences on or after 1 July 2024. Earlier cases stay under IPC 312.
• Check for the graver charge. If the act was without the woman’s consent, the heavier offence applies instead.

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.

Because Section 88 turns on fine lines, the stage of pregnancy, consent, and the good-faith exception, the value lies in seeing how courts have drawn those lines and in keeping tabs on the matter. Claw does both. A search across 30 crore+ judgments brings up orders under Section 88 and the old IPC 312 in under 5 seconds, and you can track the cases, orders and hearings of a live matter by party or advocate name across 9,102 courts, benches and forums. Coverage runs from 1950 for the Supreme Court and from 1990 for the High Courts. See how Claw handles case search across Indian courts.

Claw does not use customer documents to train its AI models. Register for a free Claw account to look up miscarriage-offence rulings and follow your own matter by party or advocate name.

08Sources and further reading

• India Code (official text of the BNS): indiacode.nic.in
• Ministry of Home Affairs (new criminal laws): mha.gov.in
• BNS Section 88 text: devgan.in
• Claw: clawlaw.in

Section numbers and punishments were checked against the published BNS text in October 2026. Always read the section as it stands on the day you act.

09Frequently asked questions