145
CAP. 224
Penal Code
2008 Ed.
Causing miscarriage without woman’s consent
313. Whoever commits the offence defined in section 312, 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 for a term which may extend to 10 years, and shall
also be liable to fine.
[Indian PC 1860, s. 313]
Death caused by act done with intent to cause miscarriage
314. Subject to the provisions of the Termination of Pregnancy Act
(Cap. 324), 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 for a term which may extend to 10
years, and shall also be liable to fine; 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.
[32/80]
Explanation —It is not essential to this offence that the offender should know
that the act is likely to cause death.
[Indian PC 1860, s. 314]
Child destruction before, at or immediately after birth
315.—(1) Subject to the provisions of the Termination of Pregnancy
Act, whoever, with intent to destroy the life of a child capable of being
born alive, by any wilful act causes a child to die before it has an
existence independent of its mother or by such act causes the child to
die after its birth, shall, unless such act is immediately necessary to
save the life of the mother, be punished with imprisonment for a term
not exceeding 10 years, or with fine, or with both.
[32/80; 51/2007]
(2) For the purposes of this section, evidence that a woman had at
any material time been pregnant for a period of 28 weeks or more shall
be prima facie evidence that she was at that time pregnant of a child
capable of being born alive.
[Indian PC 1860, s. 315]
Informal Consolidation – version in force from 1/4/2015
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