IPC Section 246
IPC Section 246 – Punishment for injuries to unborn children caused by act causing miscarriage
Text of Section 246 (in simple terms):
Whoever, by doing an act that causes miscarriage, voluntarily causes the death of a quick unborn child (a child that has begun to move in the womb), or attempts to do so, shall be punished.
Key Elements of Section 246
The Act (Actus Reus):
The offender performs an act that causes miscarriage.
This could be physical injury, use of drugs, or any other act intended to terminate the pregnancy.
Quick Unborn Child:
“Quick” refers to the stage of pregnancy when fetal movements can be felt, usually after 4–5 months.
Section 246 is specifically about harming a “quick” unborn child, not very early stages of pregnancy.
Intent or Knowledge:
The act can be:
Voluntary and intentional, intending to cause miscarriage.
Or done recklessly, knowing that it is likely to cause miscarriage.
Accidental miscarriage caused without negligence or intention may not attract this section.
Punishment:
Imprisonment for up to 10 years, or
Fine, or
Both, depending on the seriousness of the act and circumstances.
Example Scenarios
Scenario 1 – Intentional harm:
A person assaults a pregnant woman intending to cause miscarriage of a quick unborn child.
This clearly falls under Section 246.
Scenario 2 – Administering harmful drugs:
Giving drugs to induce miscarriage without consent or legal justification can be punished under Section 246.
Scenario 3 – Accidental miscarriage:
If a miscarriage occurs accidentally without intent or negligence, this section may not apply.
Other civil remedies or different criminal charges may be applicable.
Key Points to Remember
Section 246 is specific to the “quick” unborn child, meaning a child that has developed to the stage of visible fetal movement.
Covers acts intentionally or recklessly causing miscarriage.
Punishment is severe, up to 10 years imprisonment, because it protects fetal life.
Differs from Section 312 IPC, which deals with causing miscarriage of a woman at any stage of pregnancy, including early stages.
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