Updated on April 01, 2025 09:11:05 AM
Clause 88 of BNS defines the offence related to Miscarriage, which is previously covered under the Section 312 of the Indian Penal Code. This clause maintains a difficult moral balance between women's rights and the preservation of unborn life. In this case, the women have the right to file a complaint against this offence. If the miscarriage happens with a valid reason to save women's life, this matter will not count in the offence of causing miscarriage. But as we also see that some cases are only allegations.
However, the claim of causing miscarriage is just a claim until it proves in the court via a legal procedure. During trial, the accused can get bail with a promise to appear. In this article we will go through a comprehensive understanding about this offence (miscarriage), its punishment and the legal procedure of the Bail.
Here, is an overview of Clause 88 of BNS given below:
| Offence | Causing Miscarriage |
|---|---|
| Clause under BNS | Clause 88 |
| Bail | Bailable |
| Nature of Offence | Non-Cognizable |
| Penalties and Punishments | Imprisonment for 3 to 7 years, Fine or Both |
| Triable | Police station | Any Magistrate |
Clause 88 of BNS clearly defines 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, 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.”
Here, the complete stepwise procedure of Bail is given below:
It is essential to seek legal help from an experienced lawyer, who provides complete guidance on the process of bail. Because it is a bailable offence the accused has to approach the police station where the accused has been arrested. Here, the lawyer also helps to prepare the application and representation in front of police during Bail procedure.
“Litem Legalis” with years of experience can help you to get bail through a hassle-free process.
On your behalf, the lawyer drafts a bail application. In this application they outline all the relevance details, grounds for release and bail amount. This ensures that your application is solid and comprehensive. Your lawyer will tackle all the technicalities of submitting the application to the appropriate authority and ensuring it gets into the proper hands and follows all legal requirements.
At the end of the hearing, the bail can be granted or denied based on the seriousness of the offence, evidence, character and public interest. If the bail is granted, the accused is released but with some conditions such as bind payment, police check-ins and limited travelling
If the court denies the bail, the accused has to stay in custody until trial. Some of the offices such as murder, kidnapping, etc restrict bail under BNS2. Therefore, taking legal guidance is crucial throughout the procedure.
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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The serious crime of causing a miscarriage is covered under Clause 88 of the BNS, which emphasises the protection of fetal rights and mother health while also exacting harsh punishments. The harshness of the clause emphasises how society values human life and recognizes the necessity to protect those who are more susceptible. In addition, the bail process in these kinds of instances strives to maintain everyone's safety and well-being while striking a balance between the demands of justice and individual liberty. Upholding the values of justice, compassion, and respect for human life is crucial as we navigate the legal system in order to promote a more just and compassionate society.
Bail is the temporary release of an accused individual from custody, which requires the payment of a fixed amount of fee. It secures their presence at the trial while maintaining their innocence.
Bharatiya Nyaya Sanhita Act is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.
Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
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