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 die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
IPC Simplified Explanation
IPC Section 315 of the Indian Penal Code deals with the offence of an act done with the intent to prevent a child from being born alive or to cause it to die after birth. This section targets actions that endanger the life of an infant either before or immediately after birth, with a clear intention to prevent the child from surviving.
Key elements of this section include:
- Intent to Prevent Birth or Cause Death: The person must act with the intent to prevent a child from being born alive or to cause the child to die after birth.
- Act Leading to Harm: The act must endanger the infant’s life or significantly increase the risk of death or serious harm.
This law is designed to protect newborns’ rights and lives and hold accountable those who attempt to undermine these rights through harmful actions.
Is IPC Section 315 Bailable?
IPC Section 315 is a bailable offence. Depending on the circumstances of the case and the judicial authorities’ discretion, those accused under this section can secure bail either from the police station or through the court.
IPC Section 315 Punishment
The Punishment for committing an act with the intent to prevent a child from being born alive or to cause it to die after birth under IPC Section 315 includes:
- Imprisonment for a term that may extend up to ten years,
- and also liable to a fine.
The Punishment’s severity reflects the offence’s gravity and impact on the most vulnerable — newborn children.
Example of IPC Section 315
A real-life example of the application of IPC Section 315 occurred in a hospital where a nurse, without proper authorization or medical justification, administered a substance to a woman in labour that severely impaired the health of the newborn, leading to the child’s death shortly after birth. The nurse’s actions were found to be intentional and aimed at preventing the child from surviving due to personal conflicts with the mother. The nurse was charged under Section 315 for her actions that led to the death of the newborn, emphasizing the legal protections in place for infants and the serious consequences of violating these protections.
