Introduction 

• In India, causing miscarriage to women is a crime and a punishable offence under the provisions of Bharatiya Nyaya Sanhita, 2023 (BNS). 
• It could be physically as well as emotionally challenging for a woman who undergoes miscarriage and that too because of someone else. 
• The provisions related to offences causing miscarriage are given under Chapter V (of offences against woman and child). 

What is Miscarriage?

• The term has not been defined under BNS. 
• The simple meaning of the term miscarriage is termination of pregnancy. 
• In other words, we can say that an act of deliberately terminating the pregnancy before the development of baby is known as miscarriage. 
• When it is done with malice intention then the victim person can file a complaint against the wrongdoer.

What are the Provisions of Causing Miscarriage Under BNS? 

• Section 88: Causing Miscarriage: 
  • This section states that whoever 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 shall 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. 
  • It is further given in the explanation that a woman who causes herself to miscarry, is within the meaning of this section. 
• Section 89: Causing miscarriage without woman's consent: 
  • This Section states that 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 90: Death caused by act done with intent to cause miscarriage: 
  • Clause (1) states that whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.  
  • Clause (2) states that where the act referred to in sub-section (1) is done without the consent of the woman, shall be punishable either with imprisonment for life, or with the punishment specified in said sub-section.  
  • In the further explanation it is given that it is not essential to this offence that the offender should know that the act is likely to cause death.  
• Section 91: Act done with intent to prevent child being born alive or to cause to die after birth: 
  • This section states that whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
• Section 92: Causing death of quick unborn child by act amounting to culpable homicide: 
  • This section states that whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.  
  • This section is further explained with an Illustration as:  
    • A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section. 

Difference Between Abortion & Miscarriage

Landmark Judgements 

• Rajesh Kumar v. State of Chhattisgarh (2024): In this case it was held that where the child in the womb was full grown, the accused could not be convicted of causing miscarriage under Section 312 of the Indian Penal Code, 1860 (IPC) because the section only contemplated expulsion of the child from the mother’s womb before the gestation period was completed. 
• Imtiaz Ismail Shaikh vs State of Gujarat (2008): In this case the petitioner was held liable under the offence of causing miscarriage to a woman for terminating her pregnancy without her consent.

Conclusion 

Earlier, the provisions of causing miscarriage were covered under Sections 312 to Section 316 of IPC. A woman herself can be punished for causing miscarriage under IPC except if it is important to save her life. The offence of causing miscarriage is a cognizable and bailable offence which is also non-compoundable.