IPC Section 314
IPC Section 314 – Causing death of a person by act done with the intention of causing miscarriage
Text of Section 314 (simplified in English):
"Whoever voluntarily causes a woman with child to miscarry, and by doing so causes her death, shall be punished as if he had committed culpable homicide."
Key Elements of Section 314:
Actus Reus (The Act / What is Done):
The accused must perform an act that:
Intentionally causes miscarriage in a woman, and
As a result, the woman dies.
Voluntary and Intentional Act:
The act must be voluntary and intentional.
Accidental miscarriage caused without intent does not fall under this section.
Resulting Death:
The key aspect of Section 314 is that the death of the woman must result from the act intended to cause miscarriage.
If the woman survives, other sections like IPC 312/313 may apply instead.
Mens Rea (Mental Element / Intention):
The intention to cause miscarriage is required.
Even if the death was not intended, liability arises because the act of causing miscarriage led to death.
Punishment:
The offender is punished as if guilty of culpable homicide not amounting to murder (similar to Section 304 IPC).
This means imprisonment can be severe, depending on the circumstances.
Illustrations / Examples:
A person injects a substance into a pregnant woman intending to cause miscarriage. The woman dies as a result.
→ Punishable under Section 314 IPC.
A doctor performs an illegal abortion without proper care, leading to the woman’s death.
→ Punishable under Section 314 IPC if intent to cause miscarriage existed.
Miscarriage occurs naturally due to disease or accident, without intentional act by anyone.
→ Not punishable under Section 314.
Important Points:
Section 314 is specifically about miscarriage leading to death.
If the miscarriage occurs without death, Sections 312, 313, or 316 IPC may apply depending on the circumstances.
The section is designed to punish severe outcomes of unlawful acts causing miscarriage.
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