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SECTION 314 IPC - Indian Penal Code - Death caused by act done with intent to cause miscarriage
Last Updated: 01 Jan, 2025
By Advocate Chikirsha Mohanty
(Heading of para-2 “if act done without woman’s consent” is excluded. The words "Where the act referred to in sub-section (1)” are added.)
Please refer to BNS 90 for updated procedures & punishments.
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.
IPC 314 in Simple Words
Section 314 of the Indian Penal Code states that if someone, with the intent to cause a miscarriage, does an act that results in the death of a pregnant woman, they can be punished with imprisonment for up to ten years, and may also be fined; if the act is done without the woman's consent, the punishment can be imprisonment for life or the same as mentioned above.
| Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|
| Death caused by an act done with intent to cause miscarriage | 10 Years + Fine | Cognizable | Non-Bailable | Court of Session |
| If act done without woman’s consent | Life or 10 Years + Fine | Cognizable | Non-Bailable | Court of Session |
Offence : Death caused by an act done with intent to cause miscarriage
Punishment : 10 Years + Fine
Cognizance : Cognizable
Bail : Non-Bailable
Triable : Court of Session
Offence : If act done without woman’s consent
Punishment : Life or 10 Years + Fine
Cognizance : Cognizable
Bail : Non-Bailable
Triable : Court of Session
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Frequently Asked Questions
What is Section 314 abortion?
Indian Penal Code (IPC) Section 314 IPC: An individual who commits an act with the intent to cause miscarriage or death of a pregnant woman and the result is her death, will be punished by imprisonment of up to 10 years as well as a fine. 3 Nov 2023
What is Section 315 of the IPC?
IPC Section 315: Acts done with the intent to cause death or prevent the birth of a child.
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.
