IPC Section 312
IPC Section 312 – Causing miscarriage of a woman
Text of Section 312 (in simple terms):
Whoever voluntarily causes a woman to miscarry shall be punished if the woman is not quick with child, except in cases where the act is done in good faith for the purpose of saving her life.
Key Elements of Section 312
Who can be punished:
Any person who causes a woman to miscarry, including the woman herself, a doctor, or anyone else.
The act must be voluntary, meaning intentional or done with knowledge of its effect.
Stage of pregnancy:
Section 312 applies to any stage of pregnancy, but it is distinguished from Section 246, which applies to quick unborn child (fetal movement stage).
Exceptions:
The act done in good faith to save the woman’s life is not an offense.
For example, a doctor performing an abortion to save the woman’s life is legally protected.
Mens Rea (Intent):
The act must be intentional.
Accidental miscarriage caused without knowledge or negligence may not attract Section 312.
Punishment:
Imprisonment for up to 3 years, or
Fine, or
Both.
Example Scenarios
Scenario 1 – Illegal abortion:
A person performs an abortion on a woman without medical justification.
Section 312 applies because the act was voluntary and not to save the woman’s life.
Scenario 2 – Self-induced miscarriage:
A woman takes harmful drugs intentionally to terminate her pregnancy.
Punishable under Section 312.
Scenario 3 – Life-saving abortion:
A doctor performs abortion to save a woman from a life-threatening condition.
Not punishable under Section 312 because of the exception.
Key Points to Remember
Applies to miscarriage at any stage – not just quick unborn child.
Voluntary act is essential – accidental miscarriage is not covered.
Exception exists for saving the woman’s life.
Differs from Section 246 IPC, which deals specifically with miscarriage of a quick unborn child and has stricter punishment.
Purpose: To protect women and unborn children while allowing medical intervention when necessary.
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