INDIAN KANOON SECTION 312 IPC - Indian Penal Code - Causing miscarraige
Description
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.
Applicable Offences
1.
Causing miscarriage Punishment -
3 Years or Fine or Both This is a
Bailable,
Non-Cognizable offence and triable by
Magistrate First Class
2.
If the woman be quick with child Punishment -
7 Years + Fine This is a
Bailable,
Non-Cognizable offence and triable by
Magistrate First Class
This offence is compoundable by The woman to whom miscarriage is caused, with the permission of the Court .
1.If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.
2.If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court
3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.
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