INDIAN KANOON SECTION 314 IPC - Indian Penal Code - Death caused by act done with intent to cause miscarriage


Description

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 of either description for a term which may extend to ten years, and shall also be liable to fine;

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.


Applicable Offences

1. Death caused by an act done with intent to cause miscarriage

Punishment - 10 Years + Fine
This is a Non-Bailable, Cognizable offence and triable by Court of Session

2. If act done without woman’s consent

Punishment - Life or 10 Years + Fine
This is a Non-Bailable, Cognizable offence and triable by Court of Session

This offence in NOT compoundable.

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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