What is Section 316 IPC? Causing death of quick unborn child by act amounting to culpable homicide
Published on: Lawiz Team
Learn about Section 316 IPC: Causing death of quick unborn child by act amounting to culpable homicide
Official Legal Text
Whoever does any act under such circumstances that, if he thereby caused death, he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished 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 316 punishes anyone who causes the death of an unborn child by any act amounting to culpable homicide, even if the child is not born alive.
Purpose
To protect the life of an unborn child from intentional acts that cause its death.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 10 years, and fine.
Scope and Application
Applies when an act that would amount to culpable homicide if the child were born alive, causes the death of an unborn child.
Important Legal Points
The act must be such that it would amount to culpable homicide if the child were born alive.
Illustrative Example
If a person assaults a pregnant woman, causing the death of the unborn child, it is punishable under Section 316.
Exceptions and Special Cases
Does not apply if the act was done in good faith to save the mother's life.
Punishment Details
Imprisonment of either description for a term which may extend to ten years, and fine.
FAQs
What is Section 316 IPC about?
Causing death of quick unborn child by act amounting to culpable homicide
What is the punishment under Section 316 IPC?
Punishment varies depending on specific conditions under Section 316 IPC.
Is the offence under Section 316 IPC bailable or non-bailable?
Depends on the severity and judicial discretion.
How can a case be filed under Section 316 IPC?
Approach the nearest police station and file an FIR mentioning the details.
What are the defences available under Section 316 IPC?
Defences depend on lack of intent, mistake of fact, or procedural lapses.
Can you give examples related to Section 316 IPC?
Real-world examples vary based on facts and circumstances.
Are there any landmark judgments related to Section 316 IPC?
Judicial interpretations vary; specific case laws define the scope.