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SECTION 312 IPC - Indian Penal Code - Causing miscarraige
Last Updated: 01 Sep, 2023
By Advocate Chikirsha Mohanty
Table of Contents
Description of IPC Section 312
According to section 312 of Indian penal code, 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.
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
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Legal Questions Answered by Top Lawyers on IPC 312
Can a person pay fine instead of going imprisonment for sec 312 of IPC
NO there is no such provision in law ,the offence is non bailable and non compoundable therefore question of paying fine in lieu of sentence does no arises at all .However there are certain exceptio ....
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Advocate Ashutosh Patel
Tilhari,
Jabalpur
How to deal with abortion by wife w/o husbands consent
File case against your in-laws and your wife as they aborted the child without your permission and you can also file case against doctor and hospital also. You did not mentioned whether you wa ....
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Bring back my wife, to her matrimonial home
Dear Sir,
You can book your wife and her family members and the concerned Doctor for the offence under Section 312 of IPC and may further booked for the offence under the provisions of PNDC Act if sex ....
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Can I get abortion done if boy is harassing me
abortion with consnet of lady and witrhout the consent of the lady are both sessions offence under section 312 and 313 indian penal code . medical termination is permissible only to save mother' ....
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Can any legal action be taken for abortion of a child by family member
Yes for any forceful or illegal abortion the persons involved can be booked criminally under various section including IPC 312, if proved can be sentenced as well. You need to contact a local lawyer a ....
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How to file case under IPC against false promises
You know your case is a crap because girl has promised you and used you meantime you also must have some good time with her. Now if she don't want to marry you means you should let her to live her ....
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Related Topics
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FAQ's on IPC Section 312
What offence is defined under IPC 312?
IPC 312 Offence: Causing miscarriage.
What is the punishment for IPC 312 Case?
The punishment for IPC 312 is 3 Years or Fine or Both.
Is IPC 312 cognizable offence or non-cognizable offence?
IPC 312 is a Non-Cognizable.
How to file/defend your case for IPC 312 offence?
Use LawRato for filing/defending your case under IPC 312 with the help of best criminal lawyers near you.
Is IPC 312 bailable or non-bailable offence?
IPC 312 is a Bailable offence.
In what court can IPC 312 be tried?
IPC 312 is tried in the court of Magistrate First Class.
