Section 89 of The Bharatiya Nyaya Sanhita, 2023
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.
Summary
- This section punishes anyone who causes a woman with child to miscarry without her consent.
- It is an aggravated version of the crime mentioned in Section 88 of the same law.
- The law applies whether or not the woman was "quick with child," which refers to the fetus being developed enough to move.
- A person convicted of this crime can be sentenced to imprisonment for life.
- Alternatively, the offender can face a prison term of up to ten years and a fine.
Practical examples
FAQ
1. What is the maximum punishment for causing a miscarriage without consent under The Bharatiya Nyaya Sanhita, 2023 Section 89?
Under Section 89 of The Bharatiya Nyaya Sanhita, 2023, the maximum punishment is imprisonment for life.
2. Does Section 89 of The Bharatiya Nyaya Sanhita, 2023 only apply if the fetus has started moving?
No, Section 89 of The Bharatiya Nyaya Sanhita, 2023 applies regardless of whether the woman is quick with child or not.
3. Is there a fine for violating Section 89 of The Bharatiya Nyaya Sanhita, 2023?
Yes, along with imprisonment, the offender is also liable to pay a fine under Section 89 of The Bharatiya Nyaya Sanhita, 2023.
Test yourself
Q1.Under Section 89 of The Bharatiya Nyaya Sanhita, 2023, what is the primary factor that distinguishes it from the offense in Section 88?
Q2.According to Section 89 of The Bharatiya Nyaya Sanhita, 2023, which of these is a possible prison sentence?
Q3.Does the term "quick with child" change the applicability of Section 89 of The Bharatiya Nyaya Sanhita, 2023?
Q4.What financial penalty is mentioned in Section 89 of The Bharatiya Nyaya Sanhita, 2023?