What is Section 312 IPC? Causing miscarriage
Published on: Lawiz Team
Learn about Section 312 IPC: Causing miscarriage
Official Legal Text
Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; And if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Explanation: A woman who causes herself to miscarry is within the meaning of this section.
What This IPC Section Means – Explained in Simple Words
Section 312 punishes causing a miscarriage, except in good faith for the purpose of saving the life of the woman.
Purpose
To protect unborn life while allowing exceptions for medical necessity.
Bailable or Not Bailable & Punishment
Bailable: Bailable (if done with consent), Non-Bailable (if without consent), Punishment: Imprisonment up to 3 years, or fine, or both; If the woman is quick with child, imprisonment up to 7 years, and fine.
Scope and Application
Applies to anyone who voluntarily causes a miscarriage, except when done in good faith to save the woman's life.
Important Legal Points
Miscarriage caused without the woman's consent is treated more severely.
Illustrative Example
If a person administers a substance to a pregnant woman causing her miscarriage without medical necessity, it is punishable under Section 312.
Exceptions and Special Cases
Does not apply if the miscarriage is caused in good faith to save the life of the woman.
Punishment Details
Imprisonment of up to three years, or with fine, or both. If the woman is quick with child (fetal movements felt), punishment is more severe.
FAQs
What is Section 312 IPC about?
Causing miscarriage
What is the punishment under Section 312 IPC?
Punishment varies depending on specific conditions under Section 312 IPC.
Is the offence under Section 312 IPC bailable or non-bailable?
Depends on the severity and judicial discretion.
How can a case be filed under Section 312 IPC?
Approach the nearest police station and file an FIR mentioning the details.
What are the defences available under Section 312 IPC?
Defences depend on lack of intent, mistake of fact, or procedural lapses.
Can you give examples related to Section 312 IPC?
Real-world examples vary based on facts and circumstances.
Are there any landmark judgments related to Section 312 IPC?
Judicial interpretations vary; specific case laws define the scope.