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Chapter XVI (299-311) of IPC – Offences Affecting Life


The Causing of Miscarriage, of Injuries to Unborn Children, of the Exposure of Infants, and of the Concealment of Births – INDIAN PENAL CODE (IPC)

312. Causing miscarriage.

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 be 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.

Bare Acts

CLASSIFICATION OF OFFENCE
Para I:
Punishment—Imprisonment for 3 years, or fine or both—Non-cognizable— 
Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
Para II: Punishment—Imprisonment for 7 years and fine—Non-cognizable— Bailable—Triable by Magistrate of the first class—Non-compoundable.

313. Causing miscarriage without woman’s consent.

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.

CLASSIFICATION OF OFFENCE
Para I: Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non- compoundable.

314. Death caused by act done with intent to cause miscarriage.

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.

CLASSIFICATION OF OFFENCE
Para I:
Punishment—Imprisonment for 10 years and fine—Cognizable—Non-
bailable—Triable by Court of Session—Non-compoundable.
Para II: Punishment—Imprisonment for life, or as above—Cognizable—Non- bailable—Triable by Court of Session—Non-compoundable.

315. Act done with intent to prevent child being born alive or to cause it to die after birth.

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.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 10 years, or fine, or both—Cognizable—Non- bailable—Triable by Court of Session—Non-compoundable.

316. Causing death of quick unborn child by act amounting to culpable homicide.

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.

Law Notes

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.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable— Triable by Court of Session—Non-compoundable.

317. Exposure and abandonment of child under twelve years, by parent or person having care of it.

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.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 7 years, or fine, or both—Cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.

318. Concealment of birth by secret disposal of dead body.

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 endeavours 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.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.

Next,
Chapter XVI (319-338) of IPC – Hurt

Chapter XVI (339-358) of IPC – Wrongful Restraint and Wrongful Confinement

Chapter XVI (359-374) of IPC – Kidnapping, Abduction, Slavery and Forced Labour

Chapter XVI (375-377) of IPC – Sexual Offences (Rape)

WritingLawIndian Penal Code, 1860Chapter XVI (312-318) of IPC – Of the Causing of Miscarriage, of Injuries to Unborn Children, of the Exposure of Infants, and of the Concealment of Births