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Section 89

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Chapter IPreliminary

1Short title, commencement and application
2Definitions
3General explanations

Chapter IIOf Punishments

4Punishments
5Commutation of sentence
6Fractions of terms of punishment
7Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple
8Amount of fine, liability in default of payment of fine, etc
9Limit of punishment of offence made up of several offences
10Punishment of person guilty of one of several offences, judgment stating that it is doubtful of which
11Solitary confinement
12Limit of solitary confinement
13Enhanced punishment for certain offences after previous conviction

Chapter IIIGeneral Exceptions · Of right of private defence

General Exceptions

14Act done by a person bound, or by mistake of fact believing himself bound, by law
15Act of Judge when acting judicially
16Act done pursuant to judgment or order of Court
17Act done by a person justified, or by mistake of fact believing himself justified, by law
18Accident in doing a lawful act
19Act likely to cause harm, but done without criminal intent, and to prevent other harm
20Act of a child under seven years of age
21Act of a child above seven and under twelve years of age of immature understanding
22Act of a person of unsound mind
23Act of a person incapable of judgment by reason of intoxication caused against his will
24Offence requiring a particular intent or knowledge committed by one who is intoxicated
25Act not intended and not known to be likely to cause death or grievous hurt, done by consent
26Act not intended to cause death, done by consent in good faith for person's benefit
27Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian
28Consent known to be given under fear or misconception
29Exclusion of acts which are offences independently of harm caused
30Act done in good faith for benefit of a person without consent
31Communication made in good faith
32Act to which a person is compelled by threats
33Act causing slight harm

Of right of private defence

34Things done in private defence
35Right of private defence of body and of property
36Right of private defence against act of a person of unsound mind, etc
37Acts against which there is no right of private defence
38When right of private defence of body extends to causing death
39When such right extends to causing any harm other than death
40Commencement and continuance of right of private defence of body
41When right of private defence of property extends to causing death
42When such right extends to causing any harm other than death
43Commencement and continuance of right of private defence of property
44Right of private defence against deadly assault when there is risk of harm to innocent person

Chapter IVOf abetment · Of criminal conspiracy · Of attempt

Of abetment

45Abetment of a thing
46Abettor
47Abetment in India of offences outside India
48Abetment outside India for offence in India
49Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment
50Punishment of abetment if person abetted does act with different intention from that of abettor
51Liability of abettor when one act abetted and different act done
52Abettor when liable to cumulative punishment for act abetted and for act done
53Liability of abettor for an effect caused by act abetted different from that intended by abettor
54Abettor present when offence is committed
55Abetment of offence punishable with death or imprisonment for life
56Abetment of offence punishable with imprisonment
57Abetting commission of offence by public or by more than ten persons
58Concealing design to commit offence punishable with death or imprisonment for life
59Public servant concealing design to commit offence which it is his duty to prevent
60Concealing design to commit offence punishable with imprisonment

Of criminal conspiracy

61Criminal conspiracy

Of attempt

62Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

Chapter VOf sexual offences · Of criminal force and assault against woman · Of offences relating to marriage · Of causing miscarriage, etc · Of offences against child

Of sexual offences

63Rape
64Punishment for rape
65Punishment for rape in certain cases
66Punishment for causing death or resulting in persistent vegetative state of victim
67Sexual intercourse by husband upon his wife during separation
68Sexual intercourse by a person in authority
69Sexual intercourse by employing deceitful means, etc
70Gang rape
71Punishment for repeat offenders
72Disclosure of identity of victim of certain offences, etc
73Printing or publishing any matter relating to Court proceedings without permission

Of criminal force and assault against woman

74Assault or use of criminal force to woman with intent to outrage her modesty
75Sexual harassment
76Assault or use of criminal force to woman with intent to disrobe
77Voyeurism
78Stalking
79Word, gesture or act intended to insult modesty of a woman

Of offences relating to marriage

80Dowry death
81Cohabitation caused by man deceitfully inducing belief of lawful marriage
82Marrying again during lifetime of husband or wife
83Marriage ceremony fraudulently gone through without lawful marriage
84Enticing or taking away or detaining with criminal intent a married woman
85Husband or relative of husband of a woman subjecting her to cruelty
86Cruelty defined
87Kidnapping, abducting or inducing woman to compel her marriage, etc

Of causing miscarriage, etc

88Causing miscarriage
89Causing miscarriage without woman's consent
90Death caused by act done with intent to cause miscarriage
91Act done with intent to prevent child being born alive or to cause to die after birth
92Causing death of quick unborn child by act amounting to culpable homicide

Of offences against child

93Exposure and abandonment of child under twelve years of age, by parent or person having care of it
94Concealment of birth by secret disposal of dead body
95Hiring, employing or engaging a child to commit an offence
96Procuration of child
97Kidnapping or abducting child under ten years of age with intent to steal from its person
98Selling child for purposes of prostitution, etc
99Buying child for purposes of prostitution, etc

Chapter VIOf offences affecting life · Of hurt · Of wrongful restraint and wrongful confinement · Of criminal force and assault · Of kidnapping, abduction, slavery and forced labour

Of offences affecting life

100Culpable homicide
101Murder
102Culpable homicide by causing death of person other than person whose death was intended
103Punishment for murder
104Punishment for murder by life-convict
105Punishment for culpable homicide not amounting to murder
106Causing death by negligence
107Abetment of suicide of child or person of unsound mind
108Abetment of suicide
109Attempt to murder
110Attempt to commit culpable homicide
111Organised crime
112Petty organised crime
113Terrorist act

Of hurt

114Hurt
115Voluntarily causing hurt
116Grievous hurt
117Voluntarily causing grievous hurt
118Voluntarily causing hurt or grievous hurt by dangerous weapons or means
119Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act
120Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property
121Voluntarily causing hurt or grievous hurt to deter public servant from his duty
122Voluntarily causing hurt or grievous hurt on provocation
123Causing hurt by means of poison, etc., with intent to commit an offence
124Voluntarily causing grievous hurt by use of acid, etc
125Act endangering life or personal safety of others

Of wrongful restraint and wrongful confinement

126Wrongful restraint
127Wrongful confinement

Of criminal force and assault

128Force
129Criminal force
130Assault
131Punishment for assault or criminal force otherwise than on grave provocation
132Assault or criminal force to deter public servant from discharge of his duty
133Assault or criminal force with intent to dishonour person, otherwise than on grave provocation
134Assault or criminal force in attempt to commit theft of property carried by a person
135Assault or criminal force in attempt to wrongfully confine a person
136Assault or criminal force on grave provocation

Of kidnapping, abduction, slavery and forced labour

137Kidnapping
138Abduction
139Kidnapping or maiming a child for purposes of begging
140Kidnapping or abducting in order to murder or for ransom, etc
141Importation of girl or boy from foreign country
142Wrongfully concealing or keeping in confinement, kidnapped or abducted person
143Trafficking of person
144Exploitation of a trafficked person
145Habitual dealing in slaves
146Unlawful compulsory labour

Chapter VIIOf Offences Against the State

147Waging, or attempting to wage war, or abetting waging of war, against Government of India
148Conspiracy to commit offences punishable by section 147
149Collecting arms, etc., with intention of waging war against Government of India
150Concealing with intent to facilitate design to wage war
151Assaulting President, Governor, etc., with intent to compel or restrain exercise of any lawful power
152Act endangering sovereignty, unity and integrity of India
153Waging war against Government of any foreign State at peace with Government of India
154Committing depredation on territories of foreign State at peace with Government of India
155Receiving property taken by war or depredation mentioned in sections 153 and 154
156Public servant voluntarily allowing prisoner of State or war to escape
157Public servant negligently suffering such prisoner to escape
158Aiding escape of, rescuing or harbouring such prisoner

Chapter VIIIOf Offences Relating to the Army, Navy and Air Force

159Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty
160Abetment of mutiny, if mutiny is committed in consequence thereof
161Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office
162Abetment of such assault, if assault committed
163Abetment of desertion of soldier, sailor or airman
164Harbouring deserter
165Deserter concealed on board merchant vessel through negligence of master
166Abetment of act of insubordination by soldier, sailor or airman
167Persons subject to certain Acts
168Wearing garb or carrying token used by soldier, sailor or airman

Chapter IXOf Offences Relating to Elections

169Candidate, electoral right defined
170Bribery
171Undue influence at elections
172Personation at elections
173Punishment for bribery
174Punishment for undue influence or personation at an election
175False statement in connection with an election
176Illegal payments in connection with an election
177Failure to keep election accounts

Chapter XOf Offences Relating to Coin, Currency-notes, Bank-notes, and Government Stamps

178Counterfeiting coin, Government stamps, currency-notes or bank-notes
179Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank-notes
180Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes
181Making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency-notes or bank-notes
182Making or using documents resembling currency-notes or bank-notes
183Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government
184Using Government stamp known to have been before used
185Erasure of mark denoting that stamp has been used
186Prohibition of fictitious stamps
187Person employed in mint causing coin to be of different weight or composition from that fixed by law
188Unlawfully taking coining instrument from mint

Chapter XIOf Offences Against the Public Tranquillity

189Unlawful assembly
190Every member of unlawful assembly guilty of offence committed in prosecution of common object
191Rioting
192Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed
193Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place
194Affray
195Assaulting or obstructing public servant when suppressing riot, etc
196Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony
197Imputations, assertions prejudicial to national integration

Chapter XIIOf Offences by or Relating to Public Servants

198Public servant disobeying law, with intent to cause injury to any person
199Public servant disobeying direction under law
200Punishment for non-treatment of victim
201Public servant framing an incorrect document with intent to cause injury
202Public servant unlawfully engaging in trade
203Public servant unlawfully buying or bidding for property
204Personating a public servant
205Wearing garb or carrying token used by public servant with fraudulent intent

Chapter XIIIOf Contempts of the Lawful Authority of Public Servants

206Absconding to avoid service of summons or other proceeding
207Preventing service of summons or other proceeding, or preventing publication thereof
208Non-attendance in obedience to an order from public servant
209Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023
210Omission to produce document or electronic record to public servant by person legally bound to produce it
211Omission to give notice or information to public servant by person legally bound to give it
212Furnishing false information
213Refusing oath or affirmation when duly required by public servant to make it
214Refusing to answer public servant authorised to question
215Refusing to sign statement
216False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation
217False information, with intent to cause public servant to use his lawful power to injury of another person
218Resistance to taking of property by lawful authority of a public servant
219Obstructing sale of property offered for sale by authority of public servant
220Illegal purchase or bid for property offered for sale by authority of public servant
221Obstructing public servant in discharge of public functions
222Omission to assist public servant when bound by law to give assistance
223Disobedience to order duly promulgated by public servant
224Threat of injury to public servant
225Threat of injury to induce person to refrain from applying for protection to public servant
226226. Attempt to commit suicide to compel or restrain the exercise of lawful power

Chapter XIVOf False Evidence and Offences Against Public Justice

227Giving false evidence
228Fabricating false evidence
229Punishment for false evidence
230Giving or fabricating false evidence with intent to procure conviction of capital offence
231Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
232Threatening any person to give false evidence
233Using evidence known to be false
234Issuing or signing false certificate
235Using as true a certificate known to be false
236False statement made in declaration which is by law receivable as evidence
237Using as true such declaration knowing it to be false
238Causing disappearance of evidence of offence, or giving false information to screen offender
239Intentional omission to give information of offence by person bound to inform
240Giving false information respecting an offence committed
241Destruction of document or electronic record to prevent its production as evidence
242False personation for purpose of act or proceeding in suit or prosecution
243Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
244Fraudulent claim to property to prevent its seizure as forfeited or in execution
245Fraudulently suffering decree for sum not due
246Dishonestly making false claim in Court
247247. Fraudulently obtaining a decree for a sum not due
248248. False charge of an offence made with intent to injure
249249. Harbouring an offender
250250. Taking a gift, etc., to screen an offender from punishment
251251. Offering a gift or restoration of property in consideration of screening an offender
252252. Taking a gift to help to recover stolen property, etc
253253. Harbouring an offender who has escaped from custody or whose apprehension has been ordered
254254. Penalty for harbouring robbers or dacoits
255255. Public servant disobeying direction of law with intent to save a person from punishment or property from forfeiture
256256. Public servant framing an incorrect record or writing with intent to save a person from punishment or property from forfeiture
257257. Public servant in judicial proceeding corruptly making a report, etc., contrary to law
258258. Commitment for trial or confinement by a person having authority who knows that he is acting contrary to law
259259. Intentional omission to apprehend on the part of a public servant bound to apprehend
260260. Intentional omission to apprehend on the part of a public servant bound to apprehend a person under sentence or lawfully committed
261261. Escape from confinement or custody negligently suffered by a public servant
262262. Resistance or obstruction by a person to his lawful apprehension
263263. Resistance or obstruction to lawful apprehension of another person
264264. Omission to apprehend, or sufferance of escape, on the part of a public servant, in cases not otherwise provided for
265265. Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for
266266. Violation of the condition of remission of punishment
267267. Intentional insult or interruption to a public servant sitting in a judicial proceeding
268268. Personation of an assessor
269269. Failure by a person released on a bail bond or bond to appear in Court

Chapter XVOf Offences Affecting the Public Health, Safety, Convenience, Decency and Morals

270Public nuisance
271Negligent act likely to spread infection of disease dangerous to life
272Malignant act likely to spread infection of disease dangerous to life
273Disobedience to quarantine rule
274Adulteration of food or drink intended for sale
275Sale of noxious food or drink
276Adulteration of drugs
277Sale of adulterated drugs
278Sale of drug as a different drug or preparation
279Fouling water of public spring or reservoir
280Making atmosphere noxious to health
281Rash driving or riding on a public way
282Rash navigation of vessel
283Exhibition of false light, mark or buoy
284Conveying person by water for hire in unsafe or overloaded vessel
285Danger or obstruction in public way or line of navigation
286Negligent conduct with respect to poisonous substance
287Negligent conduct with respect to fire or combustible matter
288Negligent conduct with respect to explosive substance
289Negligent conduct with respect to machinery
290290. Negligent conduct with respect to pulling down, repairing, or constructing buildings, etc
291291. Negligent conduct with respect to an animal
292292. Punishment for public nuisance in cases not otherwise provided for
293293. Continuance of a nuisance after an injunction to discontinue
294294. Sale, etc., of obscene books, etc
295295. Sale, etc., of obscene objects to a child
296296. Obscene acts and songs
297297. Keeping a lottery office

Chapter XVIOf Offences Relating to Religion

298Injuring or defiling place of worship with intent to insult religion of any class
299Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs
300Disturbing religious assembly
301Trespassing on burial places, etc
302Uttering words, etc., with deliberate intent to wound religious feelings of any person

Chapter XVIIOf thef · Of extortion · Of robbery and dacoity · Of criminal misappropriation of property · Of criminal breach of trust · Of receiving stolen property · Of cheating · Of fraudulent deeds and dispositions of property · Of mischief · Of criminal trespass

Of thef

303Theft
304Snatching
305Theft in a dwelling house, or means of transportation or place of worship, etc
306Theft by clerk or servant of property in possession of master
307Theft after preparation made for causing death, hurt or restraint in order to committing of theft

Of extortion

308Extortion

Of robbery and dacoity

309Robbery
310Dacoity
311Robbery, or dacoity, with attempt to cause death or grievous hurt
312Attempt to commit robbery or dacoity when armed with deadly weapon
313Punishment for belonging to gang of robbers, etc

Of criminal misappropriation of property

314Dishonest misappropriation of property
315Dishonest misappropriation of property possessed by deceased person at the time of his death

Of criminal breach of trust

316Criminal breach of trust

Of receiving stolen property

317Stolen property

Of cheating

318Cheating
319Cheating by personation

Of fraudulent deeds and dispositions of property

320Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
321Dishonestly or fraudulently preventing debt being available for creditors
322Dishonest or fraudulent execution of deed of transfer containing false statement of consideration
323Dishonest or fraudulent removal or concealment of property

Of mischief

324Mischief
325Mischief by killing or maiming animal
326Mischief by injury, inundation, fire or explosive substance, etc
327Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden
328Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc

Of criminal trespass

329Criminal trespass and house-trespass
330House-trespass and hous-ebreaking
331Punishment for house-trespass or house-breaking
332House-trespass in order to commit offence
333House-trespass after preparation for hurt, assault or wrongful restraint
334Dishonestly breaking open receptacle containing property

Chapter XVIIIOf Offences Relating to Documents and to Property Marks · Of property marks

Of Offences Relating to Documents and to Property Marks

335Making a false document
336Forgery
337Forgery of record of Court or of public register, etc
338Forgery of valuable security, will, etc
339Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine
340Forged document or electronic record and using it as genuine
341Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338
342Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material
343Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security
344Falsification of accounts

Of property marks

345Property mark
346Tampering with property mark with intent to cause injury
347Counterfeiting a property mark
348Making or possession of any instrument for counterfeiting a property mark
349Selling goods marked with a counterfeit property mark
350Making a false mark upon any receptacle containing goods

Chapter XIXOf Criminal Intimidation, Insult, Annoyance, Defamation, etc. · Of defamation · Of breach of contract to attend on and supply wants of helpless person

Of Criminal Intimidation, Insult, Annoyance, Defamation, etc.

351Criminal intimidation
352Intentional insult with intent to provoke breach of peace
353Statements conducing to public mischief
354Act caused by inducing person to believe that he will be rendered an object of Divine displeasure
355Misconduct in public by a drunken person

Of defamation

356Defamation

Of breach of contract to attend on and supply wants of helpless person

357Breach of contract to attend on and supply wants of helpless person

Chapter XXRepeal and Savings

358Repeal and savings

Previous: Section 88 Next: Section 90

BNS 89Chapter V · Of causing miscarriage, etcWas IPC 313

Section 89 · Causing miscarriage without woman's consent

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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.

The offence at a glance

Punishment: Imprisonment for life, up to 10 years, fine (no stated ceiling)
Cognizable: Cognizable
Bailable: Non-bailable
Compoundable: Not compoundable
Triable by: Court of Session

Cognizable — Police may arrest without a warrant
Non-bailable — Bail is at the court's discretion

From the First Schedule to the BNSS (the CrPC's, for IPC offences)

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Under the old law

BNS 89IPC 313

313. Causing miscarriage without woman's consent.

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Related sections of law

RelatedBNS §88Causing miscarriage.

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