Illegal Abortion and Related Legal Sections
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Direct answer
Illegal abortion means any termination carried out outside the Medical Termination of Pregnancy Act, 1971, and it is punishable under the Bharatiya Nyaya Sanhita, 2023, which replaced the IPC on 1 July 2024. Causing miscarriage is punished under Section 88 BNS, and doing so without the woman's consent carries a far heavier sentence under Section 89. Termination within the MTP Act is exempt, protecting the registered doctor.
What you must remember
- Lawful basis: termination is legal only under the MTP Act, 1971, which governs grounds, gestational limits and approved premises.
- Causing miscarriage: BNS Section 88, the old IPC 312, carries imprisonment up to three years or fine, or both, unless done in good faith to save the woman's life.
- Without consent: BNS Section 89, the old IPC 313, is a far more serious offence with life imprisonment or a long term.
- Death by such act: BNS Section 90, the old IPC 314, covers death of the woman caused by an act intended to cause miscarriage.
- Death of a quick unborn child: BNS Section 92, the old IPC 316, applies where an act amounting to culpable homicide kills a quick unborn child.
- Concealment of birth: BNS Section 94, the old IPC 318, covers secret disposal of a dead body to hide the birth.
- Doctor's protection: termination by a registered medical practitioner within the MTP Act and its conditions is not an offence under these sections.
A pathway from legal check to protected practice
A 24-year-old asks for a termination at 22 weeks at a private clinic with no second opinion. Before acting, the doctor must check the legal basis, the gestational limit and the approval status of the setting, because each decides whether the procedure is protected.
- Confirm gestation: establish the exact weeks of pregnancy, since the MTP Act limits differ across gestational ranges.
- Check the ground: identify the statutory ground under the MTP Act, such as risk to the woman's life or grave injury, or a substantial foetal abnormality.
- Obtain the opinions: a single registered practitioner opinion is enough up to 20 weeks, while later stages need the specified number of opinions under the MTP amendment.
- Verify the setting: the termination must take place in an approved and registered facility, not an informal or unregistered clinic.
- Secure consent and record: document the woman's written consent, with guardian consent for a minor or a woman with mental illness.
- Document carefully: keep the opinions, gestation and indication on record, since these are the doctor's legal shield.
Where the exam tries to catch you
Questions in this area test whether the candidate can separate a lawful MTP from an offence, and whether they know the numbering changed.
- Trap: "Any termination is illegal unless the woman is unmarried." Correct: the MTP Act permits termination on defined grounds for any woman, subject to the gestational and approval conditions.
- Trap: "The old IPC 312 section number still applies after BNS came in." Correct: from 1 July 2024 the BNS numbers apply, so causing miscarriage is BNS 88.
- Trap: "A doctor doing a termination outside the MTP is safe if the woman agreed." Correct: consent does not protect an unregistered procedure, and consent to a miscarriage outside the Act remains an offence.
Frequently asked questions
Which BNS section punishes causing miscarriage without the woman's consent?
BNS Section 89, which corresponds to the old IPC Section 313, punishes causing miscarriage without the woman's consent. It carries a far heavier sentence than causing miscarriage under Section 88, and clinicians should note the numbering change.
Does the MTP Act protect a doctor from miscarriage offences?
Yes. A termination performed by a registered medical practitioner under the MTP Act and its conditions is excluded from the miscarriage offences. The protection depends on lawful grounds, correct gestational limits and an approved setting.
How many doctors' opinions are needed for termination after 20 weeks?
Under the MTP Act as amended, termination between 20 and 24 weeks requires the opinion of two registered medical practitioners for specified categories, while beyond 24 weeks a medical board decides for substantial foetal abnormality. The exact conditions should be checked against the current Act text.
Which BNS section covers death of a quick unborn child?
BNS Section 92, which corresponds to the old IPC Section 316, covers causing the death of a quick unborn child by an act amounting to culpable homicide. It is distinct from causing miscarriage under Section 88.