What is Section 315 IPC? Act done with intent to prevent child being born alive or cause death after birth
Published on: Lawiz Team
Learn about Section 315 IPC: Act done with intent to prevent child being born alive or cause death after birth
Official Legal Text
Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 315 punishes anyone who prevents a child from being born alive or causes it to die after birth, with the intention of causing such death.
Purpose
To protect the life of an unborn child and ensure safe childbirth.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 10 years, or fine, or both.
Scope and Application
Applies to anyone who, before, during, or after birth, acts to prevent a child from being born alive or causes it to die.
Important Legal Points
The intention to cause death is crucial for this section to apply.
Illustrative Example
If a person intentionally administers harmful substances to a pregnant woman, causing the child to die immediately after birth, it is punishable under Section 315.
Exceptions and Special Cases
Does not apply if the act was done in good faith for the purpose of saving the mother’s life.
Punishment Details
Imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
FAQs
What is Section 315 IPC about?
Act done with intent to prevent child being born alive or to cause it to die after birth
What is the punishment under Section 315 IPC?
Punishment varies depending on specific conditions under Section 315 IPC.
Is the offence under Section 315 IPC bailable or non-bailable?
Depends on the severity and judicial discretion.
How can a case be filed under Section 315 IPC?
Approach the nearest police station and file an FIR mentioning the details.
What are the defences available under Section 315 IPC?
Defences depend on lack of intent, mistake of fact, or procedural lapses.
Can you give examples related to Section 315 IPC?
Real-world examples vary based on facts and circumstances.
Are there any landmark judgments related to Section 315 IPC?
Judicial interpretations vary; specific case laws define the scope.