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.
Explanations
- A woman who causes herself to miscarry, is within the meaning of this section.
IPC Section 312: Simplified Explanation
IPC Section 312 of the Indian Penal Code addresses the offence of causing miscarriage. This section is applied when a person causes a woman to miscarry unless such miscarriage is caused in good faith to save the life of the mother. The law distinguishes between medical procedures performed for therapeutic reasons and acts done without the woman’s consent or medical justification.
Key elements of this section include:
- Causing Miscarriage: The act involves intentionally or knowingly causing a woman to miscarry, except under circumstances where it’s medically justified.
- Consent and Medical Justification: This section exempts actions taken in good faith for medical reasons, particularly when the mother’s life is at risk.
Is IPC Section 312 Bailable?
IPC Section 312 is a bailable offence. Depending on the case’s specifics and the authorities’ discretion, individuals charged under this section can secure bail from the police or through the court.
IPC Section 312 Punishment
The Punishment under IPC Section 312 varies based on whether the woman’s consent was obtained and other specifics of the offence:
- Suppose the miscarriage is caused without the woman’s consent. In that case, the Punishment can be imprisonment of up to three years, a fine, or both.
- If the woman is quick with the child (meaning the fetus has reached a stage where it is capable of living outside the womb) and the miscarriage is caused without her consent, the imprisonment may extend up to seven years and may also include a fine.
Example of IPC Section 312
A real-life example of IPC Section 312 involved a case where a healthcare provider administered medication to a pregnant woman without her full understanding, leading to a miscarriage. The provider claimed the action was taken due to health concerns for the woman. Still, investigations revealed insufficient medical justification and inadequate consent procedures. The healthcare provider was charged under IPC Section 312 for causing miscarriage without proper consent and justification. This case highlighted the importance of informed consent and the need for clear medical indications in actions affecting pregnancy.
