Definition of IPC 313:
Causing miscarriage without woman’s consent.
Classification :
This section is Non-bailable, Cognizable and Non-compoundable.
Triable By :
Court of Session.
Punishment :
Imprisonment for life or imprisonment for 10 years and fine.
Section 313 in The Indian Penal Code
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.
The definition of Causing miscarriage is given in the preceding section viz Sec 312 IPC.
Section 312 in The Indian Penal Code
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.
NOTES
The legislature has out rightly banned the termination of pregnancy except for medical reasons and as such the person deliberately and voluntarily causing such miscarriage is likely to face the wrath of the legal system.
The Law only legalizes such causing miscarriage of a woman, if it is for a good cause for saving her life.
Therefore any such Miscarriage, if it has to be conducted, should be accompanied with a clear consent of the person concerned cooped with documents unambiguously and explicitly stating the urgent or immediate medical reason for performing such miscarriage.
There are instances where the doctors are to cater such needs of erring individuals for various reasons but here is a specific advice not to indulge in such mal-practices without being fully equipped with paperwork, so as to show the purpose and reason for doing so.
The documentation is the most important part of any such contingencies.
My advice is stay away from such practices else u may land up in a soup. |
