IPC 313 → BNS 89: Miscarriage (No Consent)

Quick Summary: IPC 313 vs BNS 89

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 313 deals with miscarriage (no consent), 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 miscarriage (no consent) as BNS 89 and, for several sexual and grievous-hurt offences, enhances the punishment.

What did IPC 313 cover?

IPC 313 dealt with miscarriage (no consent) — causing miscarriage without woman's consent. 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 89: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to miscarriage (no consent) are filed under BNS Section 89, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 89

Same - Life or up to 10 years

Practical implications for advocates, police & citizens

• Advocates: For miscarriage (no consent), the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 313 carefully to BNS 89.
• Police officers: Record the nature and degree of injury and the weapon or means used; a new miscarriage (no consent) FIR is filed under BNS 89.
• Law students & citizens: Punishment for miscarriage (no consent) rises sharply with the seriousness of the harm and the victim — the IPC 313 to BNS 89 change does not lower it.