BNS Section 105 - Causing Miscarriage

Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman, be punished.

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Bailable, Cognizable

Official Text

Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman, be punished.

Legal Analysis

Elements to Prove:

  • Voluntary action.
  • Causing miscarriage.
  • Not in good faith for medical necessity.

Potential Defenses:

  • Medical necessity.
  • Saving mother's life.
  • Lawful procedure.

Practical Examples

What Constitutes the Offense:

Illegal abortions, forced termination, unauthorized medical procedures.

What Doesn't Constitute:

Medical necessity, lawful procedures, or saving mother's life.

Punishment

Imprisonment up to 3 years, or Fine, or both