Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Illustrations
- A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section.
IPC Section 316: Simplified Explanation
IPC Section 316 of the Indian Penal Code pertains to the offence of causing the death of a quick unborn child by an act that would have amounted to culpable homicide if it had caused the death of the woman. This section addresses situations where actions taken against a pregnant woman result in the death of her unborn child, particularly when the fetus is “quick” or has reached a stage of development where it is capable of living outside the womb.
Key elements of this section include:
- Act Leading to Death: The act must be such that if it had been directed at the mother and had caused her death, it would amount to culpable homicide.
- Unborn Child Affected: Specifically, the act causes the death of the unborn child who is “quick.”
- Intent or Knowledge: The person committing the act does so with the knowledge that it is likely to cause the death of the fetus, reflecting a level of criminal intent or recklessness akin to culpable homicide.
Is IPC Section 316 Bailable?
IPC Section 316 is a non-bailable offence. The serious nature of causing the death of an unborn child in such circumstances requires that the accused appear before a court to seek bail.
IPC Section 316 Punishment
The Punishment under IPC Section 316 includes:
- Imprisonment for a term that may extend up to ten years,
- And also liable to a fine.
The sentence reflects the severity of the offence and its impact on the unborn child and the mother.
Example of IPC Section 316
A real-life example involving IPC Section 316 occurred in a case where a man attacked his pregnant wife during an argument. The attack resulted in severe injuries to the wife and led to the death of the unborn child, who was determined to be “quick” at the time. The man’s actions, which would have constituted culpable homicide had they resulted in the mother’s death, led to charges under Section 316 due to the death of the unborn child. This case highlighted the legal protections extended to unborn children at advanced stages of pregnancy and the consequences of actions that harm them.
