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SECTION 312 IPC - Indian Penal Code - Causing miscarraige
Last Updated: 01 Apr, 2024
By Advocate Chikirsha Mohanty
Table of Contents
IPC 312 in Simple Words
Section 312 of the Indian Penal Code states that anyone who voluntarily causes a woman to miscarry, except in good faith to save her life, can be punished with imprisonment for up to three years, or a fine, or both; if the woman is pregnant and the miscarriage is caused when the fetus is developed, the punishment can be imprisonment for up to seven years, and may also be fined.
| Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|
| Causing miscarriage | 3 Years or Fine or Both | Non-Cognizable | Bailable | Magistrate First Class |
| If the woman be quick with child | 7 Years + Fine | Non-Cognizable | Bailable | Magistrate First Class |
Offence : Causing miscarriage
Punishment : 3 Years or Fine or Both
Cognizance : Non-Cognizable
Bail : Bailable
Triable : Magistrate First Class
Offence : If the woman be quick with child
Punishment : 7 Years + Fine
Cognizance : Non-Cognizable
Bail : Bailable
Triable : Magistrate First Class
If the miscarriage is not in good faith, it can be punishable by imprisonment for up to three years or a fine.
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Frequently Asked Questions
What is Section 313 of the IPC?
In Section 313 (Indian Penal Code), a non-consensual abortion is defined as one that occurs without the consent of the woman. This offence can result in a life sentence or incarceration for up to ten years. A fine may also be imposed. It is the responsibility of the accused to prove innocence.
What is the constitutional validity of Section 312 IPC?
In section 312 it is an offense to cause a miscarriage when a woman has conceived and is in a hurry. As an exception, a pregnancy may be terminated only with a medical practitioner's opinion to protect the woman. 30 Oct 2020
What are the IPC sections for abortion?
Abortion is still a crime, even after 50 years of Medical Termination of Pregnancy Act. In Section 312 of the Indian Penal Code 1860, abortion (also known as 'induced miscarriage’) is a crime. This law is not applicable to the MTP Act.
