IPC Section 312 - Causing Miscarriage

Whoever voluntarily causes a woman with child to miscarry, shall, if such act is not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both, and, if the woman is quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

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Bailable, Cognizable

Official Text

“Whoever voluntarily causes a woman with child to miscarry, shall, if such act is not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both, and, if the woman is quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”

Legal Analysis

Elements to Prove:

  • The accused voluntarily caused miscarriage.
  • The woman was with child.
  • The act was not in good faith to save the woman's life.
  • The miscarriage was intentional and not accidental.

Potential Defenses:

  • The miscarriage was not voluntary.
  • The woman was not with child.
  • The act was in good faith to save life.
  • The accused was acting under legal authority.

Practical Examples

What Constitutes the Offense:

A person illegally administering drugs to cause miscarriage, or performing unauthorized medical procedures.

What Doesn't Constitute:

A doctor performing legal medical termination, or acting to save the mother's life.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court emphasized the distinction between lawful medical termination and illegal miscarriage.

Punishment

Up to 3 years, or Fine, or both; if woman is quick with child, then up to 7 years and Fine

Related Information

Connected Sections:

This section deals with illegal miscarriage. It is distinct from legal medical termination of pregnancy.

Procedural Aspects:

Prosecution requires proof of voluntary causation and lack of good faith. The case is triable by a Court of Session.

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