Section-312: Causing miscarriage.- Whoever voluntarily causes a women with child
to miscarry, shall, if such miscarriage be not caused in good faith for the
purpose of saving the life of the women be punished with imprisonment of either
description for a term which may extend to three years or with fine or both 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: In fact the section deals
with the causing of miscarriage with the consent of woman. The Medical Termination of Pregnancy Act, 1971
provides for the termination of pregnancy by registered medical practitioners
where in continuance would involve a risk to the life of pregnant woman or
grave injury to her mental or physical health or where there is a substantial
risk that if the child born, it would suffer from such physical or mental
abnormalities as to be seriously handicapped. The termination of a pregnancy by
a person who is not a registered medical practitioner will be an offence under Indian Penal Code-1800.
Section-312 can ever apply to
a pregnant woman herself who causes her won miscarriage. Good faith by itself
is not enough. It has to be good faith for the purpose of saving. The life of
mother or child and not otherwise.
Ingredients of this section:
1. At first it has to be proved that the
women was pregnant.
2. It had been done willingly.
3. It had been done without good faith.
4. Perception by the mother of the
movements of the fetus.
Case References :
v Meeru Bhatia Prasad VS State, 2002 Cr LJ1674(Del): Section-312 can even apply to a pregnant women
herself who causes her own miscarriage. Good faith for the purpose of saving
life of mother and child and not otherwise.
v Akhil kumar VS State of M.P, 1992 Cr LJ 2029(MD): A woman had pregnancy of 24 weeks
out of illicit relations and a doctor administered an injection for
determination of the pregnancy but the women died next day without miscarriage
. It was held that the act of doctor amounted to “Voluntarily Causing
miscarriage” within the meaning of section-312, as the doctor presumed to know
the possible effects of the medicine.
Section-313: Causing miscarriage without
women’s consent.- Whoever commits the offence defined in the
last preceding section without consent of woman, whether the woman is quick
with child or not, shall be punished with imprisonment for life or with
imprisonment of either description for a term which may extend to 10 years and
shall also be liable to fine.
Explanation: Under the section the act should have been done without the
consent of woman under it, the person procuring the abortion is alone punished
under section-312 such person as well as the woman who causes herself to
miscarry are both punished. When the accused woman kicked a pregnant woman in
her abdomen resulting in miscarriage, her conviction under section-313 was
sustained. It is a non-bailable offence.
Ingredients:
1)
The woman was pregnant.
2)
Miscarriage was done without her consent.
3)
Done by willing by.
4)
Without good faith.
Case References :
v Tulsi Devi VS State of u.p – 1996: Under these section the act should have been done
without the consent of the woman where the accused woman kicked a pregnant
woman in her abdomen resulting in miscarriage, her conviction under section-313
was sustained.
Section-314: Death caused by act done
with intent to cause miscarriage.- Whoever with intent to cause the miscarriage of a woman with
child, dose any act which causes the death of such woman, shall be punished
with imprisonment of either description for a term which may extend of ten
years, and shall also be liable to fine.
If the
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 punishment, or above mentioned.
Explanation: This section provides for the case
where death occurs is causing miscarriage. The act of the accused must have
been done with intent to cause the miscarriage of a woman with child.
Ingredients:
1)
She will be a pregnant woman.
2)
The miscarriage was done intentionally.
3)
For the miscarriage the woman caused death.
4)
Miscarriage was done without consent of woman.
Case References :
v Surendra chauhan VS State of MP 2000 se.1436: A person, name C, was alleged to have had
illicit relations with the deceased woman. He took her to a doctor for the
purpose of aborting her of pregnancy.
The doctor caused her death in that process. The doctor was not qualified for the
purpose, nor his clinic was approved by the Government and was also not having
the basic facilities for abortion. There was a concurrent finding that the act
was done by the doctor in furtherance of the common intention with C. It was
held that the conviction of C under this section read with section-34 was
proper.
v Raqib Sheikh vs State 57 DLR 568.- The prosecution
having proved beyond reasonable doubt that the convict with intent to cause
miscarriage of his deceased wife got a piece of plant-root placed in her uterus
resulting in her death, the convict-husband is guilty of offence under section
314, Penal code.
Section-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 due after its birth and does by such act prevent that child from being born
alive or causes it the purpose of saving the life of the mother, be punished
with imprisonment of either description for a term which may extend to 10 years
or with fine or both.
Explanation: Any act done with the intention here
mentioned which results in the destruction of the child’s life, whether before
or after its birth, is made punishable.
Ingredients:
1)
The work was done by the accused
to prevent the birth of the child.
2)
The work was done intentionally.
3)
Good faith was absent.
4)
The accused was intended to cause death of the new born child.
Section-316:
Causing Death of Quick Unborn Child:- Section-316 deals with causing death of quick
unborn child by an act amounting to culpable homicide. It says,” 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 ,shall also be liable to fine.”
Explanation:- This section punishes the causing
of death of a quick unborn child by an act amounting to culpable homicide .That
means, if a person strikes a pregnant woman and thereby cause death of her
quick unborn child ,he will be guilty of the offence defined in this section if
the blow was intended by him to cause the woman’s death or was one which he
knew or had reason to believe to be likely to cause it. So, any act or omission
of such a nature and done under such circumstances as would amount to the
offence of culpable homicide, if the sufferer were a living person ,will if
done to a quick unborn child whose death is caused by it, constitute the
offence here punished.
Ingredients:- From the above discussion ,in order to
constitute any offence under this section requires the following ingredients-
(1) That the woman was quick with child.
(2) That the accused did an act to cause
death of the child.
(3) That the circumstances under which
the act was done were such as to make the accused guilty of culpable homicide
if death had been caused.
(4) That such act caused the death of the
quick unborn child.
Case References :
v Murugan vs state of T.N.1991Cr.LJ 1680(mod); A husband striking his wife dead was
held guilty of the offence under this section. The medical evidence showed that
she was carrying a male child of 20 weeks. A foetus gets life after 12 weeks of
conception.
v Jabbar air 1966 All 590; In order to constitute
offence this section the act complained of must be done with the
necessary intention on knowledge which is specified in s.299 of the penal code.
Merely because the death of the quick unborn child has resulted. The act would
not amount to an offence under this section. The accused must be shown to have
act under circumstances from which it can be inferred that he had the necessary
intention or knowledge to cause death of the victim of his assault and which
would amount to the offence of culpable homicide.
v (1970)36 Cut LT 711; In order to constitute offence under
this section it must be proved that such act did cause the death of quick unborn
child. The unborn child should already have been quick insider the womb of the
mother.
v 1971 Mad LW(Cri)240; Form the act of the accused, it must be possible to state that he had
the necessary mens rea which renders him liable for punishment for culpable homicide such an act
must result in the death of a quick unborn child . Then this section is
attracted.
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 ,or 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 intended to prevent
the abandonment or desertion by a parent of his or her children of tender
years. In such a manner that the children not being able take care of
themselves, may run the risk of dying or being injured. That means the offence
under this section may be done by parent of illegitimate child or parents in
distress and the gist of the offence is the exposure or leaving of such child
in any place with the intention of abandoning it. In other words it is the
desertion of the child by persons bound to support and protect it or by one who has taken up on
himself the duty of protecting it either by adoption or otherwise (18 Cri LJ98).
Ingredients: This section requires these four
essentials to prove any offence under this section-
(1) That the child is under twelve years
of age.
(2) That the accused person is the father
or mother or the person having the care of that child.
(3) That he exposed or left such child at
the place in question.
(4) That he so exposed or left the child
with the intention of wholly abandoning it.
Case references:
v Where a woman immediately after
giving birth to an illegitimate child threw it into a thorn bush and concealed
the act without showing any solicitude for the child , she was guilty under
this section .(AIR 1914 Upp Bur 22)
v Where a pregnant widow who has
travelling by trail had labour pains at the station, went to the close-by
public latrine on the platform delivered an illegitimate child and returned to
the adjacent bridge for rest it was held that her conduct was consistent with
innocence and she was given benefit of doubt(AIR 1920 Nay 181) .
v So, this section mainly meant to
protect children below 12 years of age who are unable to take care of
themselves. Abandonment and exposure of such children by their parents or
by persons under whose care they have there for been
made penal (1871)16 Suth WR 12(12)(DB)
.
Section-318: Concealment of birth by
secret disposal of dead body.- Whoever, by secretly burying or otherwise disposing of the dead
body of a child whether such child die before or after or during its birth, intentionally conceals
or endeavors 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.
Explanation: This section is
intended to prevent infanticide. It is directed against concealment of birth of
a child by secretly disposing of its body. This section deals with the secret
burial of a child and applies only where one intentionally conceals the birth
of a child from the world at large. The section contemplates that the child
must have reached such a stage of development
and maturity that it may be born alive and be capable of living.(1906)3.Cri LJ432
Ingredients: This section requires the following
elements to prove any offence under it. These are-
(1) That there was the birth of the
child.
(2) That the child died either before,
during or after its birth.
(3) That the accused buried or otherwise
disposed of the dead body.
(4) That such burial or disposal of the
body was secretly done.
(5) That the accused thereby
intentionally concealed, or endeavored to conceal, the birth of such child.
Case
References:
v According to “Laibu (1898) Unrep Cr.C961” the offence under this section becomes
complete when the birth i.e. the delivery of a child, dead or living is
concealed by any means.
v When the accused gave her new born
illegitimate dead child to a woman with instruction to dispose of it security
and the latter carried out the instructions by throwing it into a river. It was
held that the accused was no guilty of a substantive offence under this
section, though the facts more appropriately came under the definition of
abetment.(Baji (1895)Unrep Cr.C775)
v Where the body of a newborn child was found
thrown in an open pit and the evidence was conflicting as to whether it was
alive if dead at the time it was so thrown, the court held that the case should
be considered as falling under this section and not under section 302 which
would have been applicable if the child had been alive when it was thrown in
the pit.(1906)3Cri LJ317
v The intention conceal or endeavor to conceal the birth is necessary ingredient
of the offence under this section.(1905)2
Cri LR(Cri)5
Book References:
(1) Ratanlal and Dhirajlal.
(2) Md. Zahurul Haque.
(3) Md. Jeaul Hasan.
(4) Bare Act
Submitted by:
Rama das ->
13219058. Hure Jannat->
13209070. Taslima
Akter->13219073.Fouzeya Nisat
Jeba->13209035.Most. Hiramon
khatun->13209056
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