IPC Section 313
IPC Section 313 – Punishment for voluntarily causing miscarriage
Textual Explanation:
Section 313 of the Indian Penal Code deals with the voluntary causing of miscarriage (abortion) by a person other than a medical practitioner or without the consent of the woman, except in cases allowed by law.
Key Points:
Who it applies to:
Any person who voluntarily causes a woman to miscarry.
This applies except when it is done in good faith to save the life of the woman, or by a registered medical practitioner under legal provisions.
Essentials of the Offense:
The act must be voluntary.
The woman must be pregnant.
The miscarriage must be intentionally caused.
Consent:
If the miscarriage is caused with the woman’s consent, Section 313 may not apply in certain circumstances.
If done without consent, it is considered a serious offense.
Punishment:
Whoever voluntarily causes miscarriage **shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.
If it endangers the life of the woman, Section 314 IPC (causing death by miscarriage) may apply, which carries harsher punishment.
Purpose of the Law:
To protect the life and health of pregnant women.
To prevent illegal or unsafe abortions.
Illustration / Example:
A person administers drugs to a pregnant woman to cause miscarriage without her consent.
→ Punishable under Section 313 IPC.
A registered doctor performs abortion legally, in accordance with medical law, to save a woman’s life.
→ Not punishable under Section 313.
If a miscarriage is caused unintentionally due to negligence, other sections like IPC 304A (death by negligence) may apply, but 313 requires intent.
✅ Summary:
Section 313 IPC punishes anyone who voluntarily causes miscarriage.
Punishment: Up to 3 years imprisonment, plus fine.
Objective: To protect pregnant women from unlawful miscarriage and ensure their safety.
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