IPC Section 315 - Act Done with Intent to Prevent Child Being Born Alive or to Cause It to Die After Birth

Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.

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Non-bailable, Cognizable

Official Text

“Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.”

Legal Analysis

Elements to Prove:

  • The accused did an act before the child's birth.
  • The intention was to prevent birth or cause death after birth.
  • The act achieved its intended result.
  • The act was not in good faith to save the mother's life.

Potential Defenses:

  • The accused had no such intention.
  • No such act was done.
  • The act was in good faith to save life.
  • The accused was acting under legal authority.

Practical Examples

What Constitutes the Offense:

A person administering drugs to prevent birth, or intentionally causing harm that results in stillbirth.

What Doesn't Constitute:

A doctor performing necessary medical procedures, 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 protection of unborn children and newborns from intentional harm.

Punishment

Up to 10 years, or Fine, or both

Related Information

Connected Sections:

This section deals with harm to unborn children and newborns. It is related to Sections 312-314.

Procedural Aspects:

Prosecution requires proof of intention and causation. The case is triable by a Court of Session.

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