IPC Section 313 - Causing Miscarriage Without Woman's Consent
Whoever commits the offence defined in the last preceding section without the consent of the woman, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Official Text
“Whoever commits the offence defined in the last preceding section without the consent of the woman, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”
Legal Analysis
Elements to Prove:
- The accused caused miscarriage as defined in Section 312.
- The miscarriage was without the woman's consent.
- The act was intentional and not accidental.
- The woman was with child.
Potential Defenses:
- The woman gave valid consent.
- No miscarriage was caused.
- The act was not intentional.
- The accused was acting under legal authority.
Practical Examples
What Constitutes the Offense:
A person secretly administering drugs to cause miscarriage, or performing unauthorized procedures without consent.
What Doesn't Constitute:
A doctor performing legal medical termination with proper consent, or acting in emergency situations.
Important Case Laws
State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)
The Supreme Court emphasized the enhanced punishment for causing miscarriage without consent.
Punishment
Imprisonment for Life, or up to 10 years and Fine
Related Information
Connected Sections:
This section provides enhanced punishment for causing miscarriage without consent. It follows Section 312.
Procedural Aspects:
Prosecution requires proof of lack of consent. The case is triable by a Court of Session.