IPC 312 → BNS 88: Causing Miscarriage

Quick Summary: IPC 312 vs BNS 88

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 312 deals with causing miscarriage, part of the IPC's offences affecting the human body — homicide, hurt, wrongful restraint, criminal force, kidnapping and sexual offences, the largest group in the code. The BNS renumbers causing miscarriage as BNS 88 and, for several sexual and grievous-hurt offences, enhances the punishment.

What did IPC 312 cover?

IPC 312 dealt with causing miscarriage — causing miscarriage. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 88: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to causing miscarriage are filed under BNS Section 88, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 88

Same - Up to 3 or 7 years

Practical implications for advocates, police & citizens

• Advocates: For causing miscarriage, the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 312 carefully to BNS 88.
• Police officers: Record the nature and degree of injury and the weapon or means used; a new causing miscarriage FIR is filed under BNS 88.
• Law students & citizens: Punishment for causing miscarriage rises sharply with the seriousness of the harm and the victim — the IPC 312 to BNS 88 change does not lower it.