Section 188: Prohibition of abortion

1)  No person shall, except in the case referred to in Section 189, commit abortion, or do any act with intent to cause, or with the knowledge that, or having reason to believe that, such act is likely to cause, abortion.

2) No person shall cause a pregnant woman to abort, by coercing, threatening, alluring or inducing her to so abort.

3) A person who commits the offence referred to in sub-section (1) or (2) shall be liable to:

(a) A sentence of imprisonment for a term not exceeding one year and a fine not exceeding ten thousand rupees in the case of pregnancy of up to twelve weeks,

(b) A sentence of imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees in the case of pregnancy of more than twelve weeks and up to twenty-five weeks,

(c) A sentence of imprisonment for a term not exceeding five years and a fine not exceeding fifty thousand rupees in the case of pregnancy of more than twenty-five weeks.

4) If the pregnancy is not terminated at once by an act of abortion and the child is born alive, but the child dies immediately after birth as a consequence of such act, such act shall, for the purposes of this Section, be deemed to constitute the offence of abortion.

5) If an act done by a person in making an attempt to cause the death of a pregnant woman does not cause the death of the woman but causes the termination of her pregnancy of twenty-five weeks or more, the offender shall be liable to a sentence of imprisonment for a term not exceeding five years, in addition to the sentence to be imposed under this Act or other law.

6) Notwithstanding anything contained elsewhere in this Section, if any act done by a person with premeditation against a pregnant woman causes abortion, that person shall be liable to the following sentence despite the fact that he or she has not done such act with the intention of causing abortion:

(a) A sentence of imprisonment for a term not exceeding one year in the case of pregnancy of up to twelve weeks,

(b) A sentence of imprisonment for a term not exceeding three years in the case of pregnancy of more than twelve weeks and up to twenty-five weeks,

(c) A sentence of imprisonment for a term not exceeding five years in the case of pregnancy of more than twenty-five weeks.

7) No person shall, with the intention of causing abortion, do, or cause to be done, any act by which the sex of the foetus is identified, and abort or cause abortion following such sex identification.

8) A person who commits the offence referred to in sub-section (7) shall be liable to:

(a) A sentence of imprisonment for a term of three months to six months, in the case of the offence of identifying, or causing identification of, the sex of the foetus with the intention of causing abortion, and

(b) A sentence of imprisonment for a term not exceeding one year, in addition to the sentence specified in sub-section (3), in the case of the offence of aborting or causing abortion after identifying the sex.