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 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.
IPC Section 313: Simplified Explanation
IPC Section 313 of the Indian Penal Code deals with the offence of causing miscarriage without a woman’s consent, irrespective of whether the woman is aware of the pregnancy. This section addresses the most severe violations where a miscarriage is induced through any means without the knowledge or consent of the woman, putting her health and autonomy at significant risk.
Key elements of this section include:
- No Consent: The woman’s consent is not obtained, making any act that leads to a miscarriage unauthorized and illegal.
- Any Means Used: The section covers all possible methods or actions that could lead to a miscarriage, including physical, chemical, or other forms of intervention.
This law aims to protect women’s reproductive rights and ensure that any intervention in pregnancy is done with full consent and for valid medical reasons.
Is IPC Section 313 Bailable?
IPC Section 313 is a non-bailable offence. Due to the seriousness of forcibly causing a miscarriage without the woman’s consent, the accused must appear before a court to seek bail.
IPC Section 313 Punishment
The Punishment for causing a miscarriage without the woman’s consent under IPC Section 313 is severe, including:
- Imprisonment for life or
- Imprisonment for a term which may extend to ten years,
- and also liable to a fine.
The law imposes strict penalties to deter such grave violations of women’s bodily autonomy and reproductive rights.
Example of IPC Section 313
A real-life example of IPC Section 313 involved a case where a man secretly gave his wife abortion pills without her knowledge because he did not want the child. The woman suffered a miscarriage and later discovered the cause. The husband was arrested and charged under Section 313 for inducing a miscarriage without the woman’s consent. This case highlighted the critical importance of consent in medical and personal decisions related to pregnancy and the severe legal consequences of violating this principle.
