What is the BNS Section 88 equivalent in the old IPC?

BNS Section 88 directly corresponds to legacy IPC Section 312. It consolidates the statutory definition and updated penalties under the Bharatiya Nyaya Sanhita 2023.

Is Section 88 BNS bailable or non-bailable?

Section 88 BNS is classified as: Bailable (Bail is a legal right — granted at police station). In bailable matters, bail is a matter of statutory right before the police or magistrate, whereas in non-bailable offences, bail is at judicial discretion under BNSS.

What is the punishment and imprisonment under BNS Section 88?

The prescribed statutory penalty under Section 88 BNS is: Imprisonment for 3 years, or fine, or both. Sentences are subject to judicial trial assessment and aggravating/mitigating circumstances.

Is an offence under Section 88 BNS cognizable (arrest without warrant)?

The offence under Section 88 BNS is: Non-cognizable (Police cannot arrest without warrant). In cognizable offences, police officers have the authority to register an FIR and initiate an investigation directly.

Which court has jurisdiction to try cases under Section 88 BNS?

Cases under Section 88 BNS are triable by: Magistrate of the first class under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

What is the primary objective and citizen takeaway of Section 88 BNS?

Section 88 BNS deals with 'Causing miscarriage'. It establishes clear criminal liability, modern evidentiary thresholds, and proportionality in sentencing under India's modernized penal framework.

BNS Section 88

BNS Section 88: Causing miscarriage

Equivalent Legacy Law: IPC Section 312

💡 Simplified Explanation

BNS Section 88 defines the rules, regulations, and penalties regarding: "causing miscarriage". This section is part of the updated criminal code of India (BNS, 2023) which modernized the legal framework.

Real-World Scenario

"If an individual is found violating the provisions regarding causing miscarriage as defined under this Section, they will be charged under BNS Section 88 instead of the old IPC sections."

⚖️ Procedural Classification Summary

Causing miscarriage

Bailable: Bailable (Bail is a legal right — granted at police station)

Cognizable: Non-cognizable (Police cannot arrest without warrant)

Triable by: Magistrate of the first class

Punishment: Imprisonment for 3 years, or fine, or both

Causing miscarriage if the woman be quick with child

Bailable: Bailable (Bail is a legal right — granted at police station)

Cognizable: Non-cognizable (Police cannot arrest without warrant)

Triable by: Magistrate of the first class

Punishment: Imprisonment for 7 years and fine

📜 Official Statutory Provision

No change.

Bail Status Guide Is Section 88 Bailable? → Sentencing Guide Jail Term & Fine Details →