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.
Simplified Explanation
Section 89 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of causing a miscarriage without the woman’s consent. This section specifically criminalizes the act of inducing a miscarriage in a woman without her agreement, ensuring that her autonomy and health are protected.
What does Section 89 address?
Section 89 makes it a criminal offense for anyone to cause a miscarriage in a woman without her consent. This could involve forcibly or deceitfully terminating a pregnancy against the woman’s will, leading to severe legal consequences for the perpetrator.
Key Elements of the Offense under Section 89:
- Causing a Miscarriage:
- This refers to the deliberate act of terminating a pregnancy or causing the loss of the fetus. The act can be done through physical violence, administering harmful substances, or using any other means to induce a miscarriage.
- Without the Woman’s Consent:
- The critical element of this offense is that it is done without the woman’s consent. Whether it is done by coercion, force, fraud, or deceit, the key issue is that the woman does not agree to the act of miscarriage.
- If the woman consents to the miscarriage (e.g., a legal abortion, where applicable), this section would not apply. The act of non-consensual miscarriage is what makes the offense punishable.
- Criminal Act:
- The offense under Section 89 involves causing harm to the woman by forcing or coercing her into a miscarriage. This is a serious criminal act as it involves both bodily harm to the woman and the loss of the fetus, often with emotional and psychological consequences as well.
- Intent and Deceit:
- The person committing the offense may use deceit, manipulation, or threats to induce the miscarriage without the woman’s consent. This section criminalizes such acts, as the woman’s bodily autonomy is being violated.
Punishment for the Offense:
- Imprisonment and/or fine: The person found guilty of causing a miscarriage without the woman’s consent can face imprisonment for up to 7 years and/or a fine. The punishment reflects the severity of the offense, as it not only involves physical harm to the woman but also an infringement on her rights and autonomy.
Purpose and Protection:
The main purposes of Section 89 are:
- Protecting women’s autonomy: The section ensures that a woman’s right to make decisions about her body and her pregnancy is respected. Forcing a miscarriage without consent is an assault on her bodily integrity and freedom.
- Preventing coercion and abuse: It aims to prevent individuals from using force, manipulation, or deceit to make decisions about a woman’s pregnancy without her agreement.
- Safeguarding health: A non-consensual miscarriage can put the woman’s physical and mental health at risk, so this section seeks to prevent such harm.
Example scenarios under Section 89:
- Scenario 1: A man forces his partner to undergo an abortion without her consent by threatening her or using physical violence. This would be considered an offense under Section 89.
- Scenario 2: A woman is coerced by her family or partner into taking harmful substances or undergoing an unsafe procedure to terminate her pregnancy against her will. This is also a criminal act under this section.
- Scenario 3: A medical professional performs an abortion on a woman without her consent, taking advantage of her vulnerability or manipulating her into agreeing to the procedure under false pretenses. This would be punishable under Section 89.
In summary, Section 89 criminalizes the act of causing a miscarriage without the woman’s consent. It is aimed at protecting women’s rights over their own bodies, ensuring that any decision regarding pregnancy and its termination is made freely and with full consent. The law serves to safeguard women from coercion, abuse, and harm in such sensitive situations.
