Causing of Miscarriage (S.
312-318)
By:- Prof. Sumit Maheshwari
Causing Miscarriage S-312
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 he punished with
imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.
Explanation- A woman who causes herself to miscarry, is within the
meaning of this section.
Causing Miscarriage Without Women’s Consent- S.313
Whoever commits the offence defined in the last preceding
section 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.
Death Caused By Act Done With Intent To Cause Miscarriage- S-314
Whoever, with intent to cause the miscarriage of a woman
with child, does any act which causes the death of such
woman, shall be punished with imprisonment of either
description for a term may extend to ten years, and shall
also be liable to fine;
If act done without woman's consent- And if the act is
done without the consent of the woman, shall be punished
either with [imprisonment for life], or with the punishment
above mentioned.
Explanation- It is not essential to this offence that the
offender should know that the act is likely to cause death.
Act done with intent to prevent child being born
alive or to cause it to die after birth S-315
Whoever before the birth of any child does any act with the
intention of thereby preventing that child from being born
alive or causing it to die after its birth, and does by such act
prevent that child from being born alive, or causes it to die
after its birth, shall, if such act be not caused in good faith
for the purpose of saving the life of the mother, be punished
with imprisonment of either description for a term which
may extend to ten years, or with fine, or with both.
Causing death of quick unborn child by act
amounting to culpable homicide S-316
Whoever does any act under such circumstances, that if he thereby
caused death he would be guilty of culpable homicide, and does
by such act cause the death of a quick unborn child, shall be
punished with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.
Illustration:-
A, knowing, that he is likely to cause the death of a pregnant
woman does an act which, if it caused the death of the woman,
would amount to culpable homicide. The woman is injured, but
does not die; but the death of an unborn quick child with which
she is pregnant is thereby caused. A is guilty of the offence
defined in this section.
Exposure and abandonment of child under twelve
years, by parent or person having care of it S-317
Whoever being the father or mother of a child under the age of
twelve years, or having the care of such child, shall expose or
leave such child in any place with the intention of wholly
abandoning such child, shall be punished with imprisonment of
either description for a term which may extend to seven years, or
with fine, or with both.
Explanation -This section is not intended to prevent the trial of
the offender for murder or culpable homicide, as the case may be,
if the child die in consequence of the exposure.
Concealment of birth by secret disposal of dead body S-318
Whoever, by secretly burying or otherwise disposing of the
death body of a child whether such child die before or after
or during its birth, intentionally conceals or endeavors to
conceal the birth of such child, shall be punished with
imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
