What is Section 313 IPC? Causing miscarriage without woman’s consent
Published on: Lawiz Team
Learn about Section 313 IPC: Causing miscarriage without woman’s consent
Official Legal Text
Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 313 punishes causing a miscarriage without the woman's consent, regardless of the stage of pregnancy.
Purpose
To protect a woman's right over her body and prevent forced miscarriages.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment for life, or imprisonment up to 10 years, and fine.
Scope and Application
Applies to anyone who causes a miscarriage without the woman's consent, even if the woman is not quick with child.
Important Legal Points
The lack of the woman’s consent is the crucial factor in applying this section.
Illustrative Example
If a person administers a drug to a pregnant woman without her knowledge, causing miscarriage, it is punishable under Section 313.
Exceptions and Special Cases
Does not apply if the woman consents or if the act is done to save her life in good faith.
Punishment Details
Imprisonment for life or imprisonment of either description for a term which may extend to ten years, and fine.
FAQs
What is Section 313 IPC about?
Causing miscarriage without woman’s consent
What is the punishment under Section 313 IPC?
Punishment varies depending on specific conditions under Section 313 IPC.
Is the offence under Section 313 IPC bailable or non-bailable?
Depends on the severity and judicial discretion.
How can a case be filed under Section 313 IPC?
Approach the nearest police station and file an FIR mentioning the details.
What are the defences available under Section 313 IPC?
Defences depend on lack of intent, mistake of fact, or procedural lapses.
Can you give examples related to Section 313 IPC?
Real-world examples vary based on facts and circumstances.
Are there any landmark judgments related to Section 313 IPC?
Judicial interpretations vary; specific case laws define the scope.