Sections 312 to 318

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVI

2

OF THE CAUSING OF MISCARRIAGE, OF INJURIES TO UNBORN CHILDREN, OF
THE EXPOSURE OF INFANTS, AND OF THE CONCEALMENT OF BIRTHS.

312. Causing
miscarriage

313. Causing
miscarriage without woman’s consent

314. Death
caused by act done with intent to cause miscarriage.

If act done without
woman’s consent

315. Act done
with intent to prevent child being born alive or to cause it to die after birth

316. Causing
death of quick unborn child by act amounting to culpable homicide

317. Exposure
and abandonment of child under twelve years, by parent or person having care of
it

318. Concealment
of birth by secret disposal of dead body

CHAPTER XVI

2

OF THE CAUSING OF MISCARRIAGE, OF INJURIES TO UNBORN CHILDREN, OF
THE EXPOSURE OF INFANTS, AND OF THE CONCEALMENT OF BIRTHS.

312. Causing
miscarriage: - 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.

Explanation:- A woman who
causes herself to miscarry, is within the meaning of this section.

313. Causing
miscarriage without woman’s consent:- whoever commits the offence defined in the last
preceding section without the consent of the woman, whether the woman is quick
with child or not, shall be punished with ¹[
imprisonment for life] or with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.

1. Subs. by Act 26 of
1955, sec.117 and sch., for “transportation for life” (w.e.f.1-1-1956).

314. Death
caused by act done with intent to cause miscarriage: - whoever, with intent to
cause the miscarriage of woman with child, does any act which causes the death
of such woman, shall be punished with imprisonment of either description for a
term 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 ¹[imprisonment for life] or with the
punishment above mentioned.

Explanation: - It is not
essential to this offence that the offender should know that the act is likely
to cause death.

1. Subs. by Act 26 of
1955, sec.117 and sch., for “transportation for life” (w.e.f. 1-1-1956).

315. Act done
with intent to prevent child being born alive or to cause it to die after
birth: - Whoever before the birth of any child does any act with the intention of
thereby preventing that child from being born alive or causing it to die after
its birth, and does by such prevent that child from being born alive, or causes
it to die after its birth, shall, if such act be not caused in good faith for
the purpose of saving the life of the mother, be punished with imprisonment of
either description for a term which may extend to ten years, or with fine, or
with both.

316. Causing
death of quick unborn child by act amounting to culpable homicide:- whoever does any act under
such circumstances, that if he thereby caused death he would be guilty of
culpable homicide, and does by such act cause the death of a quick unborn
child, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.

Illustration.

A, knowing that he is likely
to cause the death of a pregnant woman, does an act which, if it caused the
death of the woman, would amount to culpable homicide. The woman is injured,
but does not die, but the death of an unborn quick child with which she is
pregnant is thereby caused. A is guilty of the offence defined in this section.

317. Exposure and abandonment of child under twelve years, by
parent or person having care of it.- Whoever being the father or
mother of a child under the age of twelve years, having the care of such child,
shall expose or leave such child in any place with the intention of wholly
abandoning such child, shall be punished with imprisonment of either
description for a term which may extend to seven years; or with fine, or with
both.

Explanation.-
this section is note intended to prevent the trial of the offender for murder
or culpable homicide, as the case may be, if the child die in consequence of
exposure.

318. Concealment
of birth by secret disposal of dead body. - whoever, by secretly burying or otherwise
disposing of the death body of a child whether such child die before or during
its birth, intentionally conceals or endeavours to conceal the birth of such
child, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.

Posted in: Sections 312 to 318