Causing miscarriage
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Summary
Voluntarily causing a pregnant woman to miscarry is an offence punishable by up to three years imprisonment, fine, or both, unless it was done in good faith to save the woman’s life. If the woman is quick with child the imprisonment may extend to seven years and fine. A woman who causes her own miscarriage is also covered.
Example
Priya, fearing she cannot support a pregnancy, asks a local practitioner to induce a miscarriage. Because it was not done in good faith to save her life, the act is punishable by up to three years imprisonment or fine; if Priya was quick with child the term may extend to seven years and a fine.
Bare Act
Enacted textWhoever 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.
BNSS Classification
- Causing miscarriage – Imprisonment for 3 years, or fine, or both.
- If the woman be quick with child – Imprisonment for 7 years and fine.
- Non-cognizable
- Bailable
- Triable by Magistrate of the first class
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