Section 313 IPC and Section 89 BNS: Causing Miscarriage Without Woman's Consent
Causing a miscarriage without the pregnant woman's consent is a serious criminal offence. The earlier provision was Section 313 of the Indian Penal Code, 1860 (IPC); the corresponding provision for the current criminal-law framework is Section 89 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Section 313 IPC: Original statutory provision
Section 313 of the Indian Penal Code, 1860, was titled Causing miscarriage without woman's consent. The original text, retained for reference, reads:
Whoever commits the offence defined in the last preceding section 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.
The reference to the "last preceding section" means Section 312 IPC, which defined the underlying offence of causing miscarriage. Section 313 imposed a more severe penalty where the woman's consent was absent.
Section 89 BNS: Current provision
Section 89 of the Bharatiya Nyaya Sanhita, 2023, is titled Causing miscarriage without woman's consent. It refers to the underlying offence in Section 88 BNS, and applies whether the woman is "quick with child" or not.
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.
Section 88 BNS concerns voluntarily causing miscarriage, subject to its stated good-faith exception for saving the woman's life. Section 89 specifically addresses the aggravated situation in which consent is lacking. Read the official BNS text published by India Code.
Essential ingredients of the offence
- Pregnancy: The person affected was a woman with child.
- Conduct causing miscarriage: The accused committed an act amounting to the offence described in Section 88 BNS (or Section 312 IPC, for the earlier regime).
- Absence of consent: The miscarriage was caused without the woman's consent.
- Required mental element: The prosecution must establish the elements of the underlying offence, including the voluntary character of the conduct, on the evidence.
The law does not require proof that the woman was "quick with child" for the aggravated offence. That phrase is a historical statutory expression concerning a stage of pregnancy; it is not a requirement that removes the need for consent earlier in pregnancy.
Punishment and criminal procedure
| Issue | Position under Section 89 BNS |
|---|---|
| Punishment | Imprisonment for life, or imprisonment of either description up to ten years, and fine |
| Cognizability | Cognizable |
| Bail classification | Non-bailable (bail requires judicial consideration; it is not automatically barred) |
| Trial court | Court of Session |
| Procedural law | Bharatiya Nagarik Suraksha Sanhita, 2023, subject to applicable transition provisions |
These classifications are drawn from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The classification of a case and applicable procedure should be checked against the alleged date of the offence and the charges actually framed.
Consent and the Medical Termination of Pregnancy Act
The Medical Termination of Pregnancy Act, 1971, as amended, regulates when a pregnancy may lawfully be terminated by registered medical practitioners. It must be read alongside the criminal provisions rather than treated as a general permission to terminate a pregnancy without consent.
- Section 3(4)(b): In the ordinary case, the pregnant woman's own consent is required for termination.
- Section 3(4)(a): Where the pregnant person is under eighteen, or is an adult covered by the Act's specified mental-illness provision, the guardian's written consent is required.
- Sections 3 and 5: The Act sets out the medical conditions, gestational limits and specified exceptions for lawful termination. These are separate from the requirement to establish valid consent.
- Section 4: The Act also regulates the place where termination may be performed.
A spouse, partner or family member cannot ordinarily substitute their wishes for the consent required by law. A termination performed in accordance with the MTP Act must satisfy its applicable statutory conditions. See the official India Code portal for the Act and its amendments.
Difference between Section 313 IPC and Section 89 BNS
| Point | Section 313 IPC | Section 89 BNS |
|---|---|---|
| Statute | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Underlying offence | Section 312 IPC | Section 88 BNS |
| Consent | Absence of woman's consent | Absence of woman's consent |
| Punishment | Life imprisonment or up to ten years, and fine | Life imprisonment or up to ten years, and fine |
| Principal application | Earlier-law cases, subject to savings | Current criminal-law regime from 1 July 2024 |
Related offences and provisions
Section 312 IPC corresponds to Section 88 BNS and concerns causing miscarriage. Section 314 IPC corresponds to Section 90 BNS and addresses death caused by an act done with intent to cause miscarriage. Where additional conduct is alleged, other provisions may be relevant depending on the facts.
Frequently asked questions
What is Section 313 IPC?
Section 313 IPC punished causing miscarriage without the woman's consent, by reference to the offence defined in Section 312 IPC. It continues to matter for conduct governed by the earlier law.
Which BNS section corresponds to IPC Section 313?
Section 89 of the Bharatiya Nyaya Sanhita, 2023, is the corresponding provision for causing miscarriage without a woman's consent.
What is the punishment under Section 89 BNS?
Imprisonment for life, or imprisonment of either description for a term extending to ten years, and liability to a fine.
Is Section 89 BNS bailable?
The offence is classified as cognizable and non-bailable and is triable by a Court of Session under the BNSS First Schedule.
Does the consent of a spouse or partner replace the pregnant woman's consent?
No. For an adult woman who can give consent, her own consent is required under Section 3(4) of the Medical Termination of Pregnancy Act, subject to the specific statutory exceptions for minors and certain persons requiring guardian consent.
Does the MTP Act permit termination without consent?
The Medical Termination of Pregnancy Act provides a lawful medical framework but does not generally permit termination without the pregnant woman's consent. Section 3(4) sets out the consent rule and its specific exceptions.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (Sections 88, 89 and 90).
- National Crime Records Bureau - BNS statutory text.
- India Code - Medical Termination of Pregnancy Act, 1971, and subsequent amendments.
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023, First Schedule.
Legal information updated 30 October 2026. This article is general legal information; the statutory text and relevant judicial decisions should be checked for any specific case.