Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which 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 imprisonment for life, or with the punishment above mentioned.
Explanations
- It is not essential to this offence that the offender should know that the act is likely to cause death.
IPC Section 314: Simplified Explanation
IPC Section 314 of the Indian Penal Code addresses the offence of causing death by acts done with the intent to cause miscarriage. This section is invoked when such acts, intended to cause a miscarriage, lead to the woman’s death, whether or not the miscarriage occurs. The seriousness of this law lies in its combination of intentions and consequences, where the act aimed at causing miscarriage results in a fatal outcome for the woman.
Key elements of this section include:
- Intent to Cause Miscarriage: The person performs an act to cause a miscarriage.
- Resulting in Death: The act leads to the death of the woman.
- Lack of Consent: The focus is intensified if the act is done without the woman’s consent, but the law applies even with consent if the result is fatal.
Is IPC Section 314 Bailable?
IPC Section 314 is a non-bailable offence. The gravity of causing a death through actions intended to cause a miscarriage necessitates judicial oversight for any bail considerations.
IPC Section 314 Punishment
The Punishment under IPC Section 314 varies based on the circumstances of the act:
- If done without the woman’s consent, the Punishment is imprisonment for up to ten years and may include a fine.
- If the act is done with consent but still results in death, the term of imprisonment may extend up to ten years, and a fine may be imposed as well.
Example of IPC Section 314
A real-life example involving IPC Section 314 occurred in a rural clinic where an unqualified practitioner attempted to induce a miscarriage in a woman using unsafe and unauthorized methods. The procedure led to severe complications and the death of the woman. The practitioner was charged under Section 314 for causing death by an act done with the intent to cause miscarriage, highlighting the risks of unauthorized medical procedures and the legal consequences of such actions.
