IPC Section 314 - Death Caused by Act Done with Intent to Cause Miscarriage

Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if the act is done 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.

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Non-bailable, Cognizable

Official Text

“Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if the act is done 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 intended to cause miscarriage.
  • The woman was with child.
  • The act caused the woman's death.
  • The death was not intended but was a consequence of the act.

Potential Defenses:

  • The accused had no intention to cause miscarriage.
  • No miscarriage was attempted.
  • The woman was not with child.
  • The accused was acting under legal authority.

Practical Examples

What Constitutes the Offense:

A person administering dangerous drugs that cause the woman's death, or performing unsafe procedures.

What Doesn't Constitute:

A doctor performing legal procedures that result in complications, or acting in emergency situations.

Important Case Laws

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

The Supreme Court clarified the punishment structure for causing death while attempting miscarriage.

Punishment

Up to 10 years and Fine; if without consent, then Life Imprisonment or up to 10 years and Fine

Related Information

Connected Sections:

This section deals with death caused while attempting miscarriage. It is related to Sections 312 and 313.

Procedural Aspects:

Prosecution requires proof of intent to cause miscarriage. The case is triable by a Court of Session.

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