What is Section 314 IPC? Death caused by act done with intent to cause miscarriage
Published on: Lawiz Team
Learn about Section 314 IPC: Death caused by act done with intent to cause miscarriage
Official Legal Text
Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine;
If the act is done without the consent of the woman, shall be punished either with imprisonment for life, or with the punishment above mentioned.
Explanation: It is not essential to this offence that the offender should know that the act is likely to cause death.
What This IPC Section Means – Explained in Simple Words
Section 314 punishes anyone who causes a woman’s death while attempting to cause a miscarriage, with or without her consent.
Purpose
To protect women from unsafe abortion practices that may endanger their lives.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment for life, or imprisonment up to 10 years, and fine; If the woman does not consent, punishment is imprisonment for life, or imprisonment up to 10 years, and fine.
Scope and Application
Applies when a woman dies as a result of actions taken to cause her miscarriage, regardless of her consent.
Important Legal Points
The intention must be to cause miscarriage, but the outcome results in the woman’s death.
Illustrative Example
If a person administers a substance to a pregnant woman intending to cause miscarriage, but she dies instead, it is punishable under Section 314.
Exceptions and Special Cases
Does not apply if the act was done in good faith to save the woman's life.
Punishment Details
If the woman consents, imprisonment of up to ten years and fine. If without consent, imprisonment for life or up to ten years, and fine.
FAQs
What is Section 314 IPC about?
Death caused by act done with intent to cause miscarriage
What is the punishment under Section 314 IPC?
Punishment varies depending on specific conditions under Section 314 IPC.
Is the offence under Section 314 IPC bailable or non-bailable?
Depends on the severity and judicial discretion.
How can a case be filed under Section 314 IPC?
Approach the nearest police station and file an FIR mentioning the details.
What are the defences available under Section 314 IPC?
Defences depend on lack of intent, mistake of fact, or procedural lapses.
Can you give examples related to Section 314 IPC?
Real-world examples vary based on facts and circumstances.
Are there any landmark judgments related to Section 314 IPC?
Judicial interpretations vary; specific case laws define the scope.