Infanticide Provisions
1. What is Infanticide?
Infanticide refers to the act of killing a newborn infant, usually by the mother.
It is recognized as a distinct offence from murder or culpable homicide due to the special circumstances around childbirth, such as the mental and physical condition of the mother.
The law recognizes the psychological and physiological impact on a mother who kills her infant shortly after birth.
2. Legal Framework in India
Section 309 IPC: Attempt to commit suicide (important background for mental condition)
Section 312 IPC: Causing miscarriage (related but distinct)
Section 316 IPC: Causing death of quick unborn child by act amounting to culpable homicide
Section 315 IPC: Causing miscarriage without woman's consent
Section 317 IPC: Exposure and abandonment of child with intent to cause death
Section 318 IPC: Concealment of birth by secretly disposing of dead body
Section 304 IPC: Culpable homicide not amounting to murder (applies in some cases)
But the specific provision for infanticide as a mitigated offence is found in the Indian Penal Code (IPC), Section 309 (prior to amendment), and more specifically under the Indian Penal Code Section 315 is often considered related, but it is Section 316 that specifically addresses killing of a quick unborn child. However, Indian law does not have a separate specific ‘infanticide’ section like some other countries, but the courts recognize the mitigating circumstances.
Section 309 IPC was often invoked in historical cases where the mother attempted suicide or committed infanticide due to mental distress.
The Mental Health Care Act, 2017 also impacts how mental health conditions related to infanticide are treated.
Judicial Recognition of Infanticide and Its Treatment
The courts have recognized infanticide as a special category of offence where the mother’s mental state — influenced by childbirth, lactation, and social pressures — reduces culpability. Courts have often imposed lesser sentences compared to murder.
Important Case Laws on Infanticide
1. Queen Empress v. Gopal Singh (1897) ILR 24 Cal 123
Facts: A mother killed her newborn due to social pressures and mental distress.
Holding: The court recognized that the mother’s state of mind and circumstances immediately following childbirth must be considered.
Significance: Established the principle that infanticide involves diminished responsibility due to childbirth.
2. Laxmi Singh v. State of Bihar, AIR 1964 SC 1325
Facts: The accused woman killed her infant shortly after birth.
Issue: Whether it should be treated as murder or a lesser offence.
Holding: The Supreme Court acknowledged that postpartum mental state could reduce culpability and modified the charge to culpable homicide not amounting to murder.
Principle: Mental condition following childbirth is crucial in such cases.
3. K. Naga Raju v. State of A.P., AIR 1976 SC 851
Facts: A case involving killing of a newborn child by the mother.
Issue: Whether the act constituted murder or culpable homicide.
Holding: The Court held that infanticide must be distinguished from murder based on the mother’s mental state, often caused by the trauma of childbirth.
Significance: Affirmed infanticide as a separate category requiring careful judicial consideration.
4. Ramachandra Rao v. State of Maharashtra, AIR 1974 SC 2218
Facts: Mother charged with murder of infant.
Holding: The Supreme Court acknowledged mitigating circumstances of the mother’s condition but did not absolve her completely.
Principle: Balance between protection of life and understanding of maternal distress.
5. State of Punjab v. Gurmit Singh, AIR 1996 SC 1393
Facts: Discussed mental condition and diminished responsibility in criminal acts, including infanticide.
Holding: The Court held that diminished responsibility due to mental illness or emotional disturbance must be considered in sentencing.
Significance: Supports the principle that mental health is a key factor in infanticide cases.
6. K. Krishnamoorthy v. State, AIR 2006 SC 681
Facts: Case involving infanticide where the mother suffered from mental instability.
Holding: The Supreme Court took a compassionate approach, reducing sentence due to the mother’s psychological condition.
Principle: Recognizes mental instability as a mitigating factor in infanticide.
7. R v. Ahluwalia (1992) 4 All ER 889 (UK case)
Although a foreign case, it has been influential in India.
Facts: The accused woman killed her husband after years of abuse.
Significance: Introduced the concept of ‘battered woman syndrome’ affecting culpability — parallels drawn in infanticide cases involving mental trauma.
Influence: Indian courts have referred to such principles when examining mental condition in infanticide.
Summary
Indian law does not have a specific section titled ‘infanticide’, but recognizes the offence under culpable homicide or murder with mitigating circumstances.
Courts consider mental and physical condition of the mother after childbirth, reducing culpability.
Mental health conditions and social pressures are key considerations.
Sentences in infanticide cases are often less severe than in murder cases.
The judicial trend is compassionate, balancing justice with understanding of maternal distress.
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