Tuesday 14 August 2012

Emedinews:Insights on Medicolegal Issues:Death caused by act done with intent to cause miscarriage


What is Sec 314 of the IPC?
Sec. 314 IPC provides that whoever, with intent to cause the miscarriage of the woman with child, does any act that causes the death of such woman, shall be punished with imprisonment of either description of a term which may extend to ten years or shall also be liable to fine. If the act is done without the consent of the woman, shall be punished with imprisonment for life or with punishment above mentioned.
  • The explanation to this section says that it is not essential to this offence that the offender should know that the act is likely to cause death.
  • A person who attempted to cause miscarriage of a pregnant woman but was unsuccessful in the process and when pregnant girl died several weeks later having developed septicemia without it having been established that the person was responsible for septicemia, the person cannot be held guilty under Sec 314 of IPC.
(Ref: Vatchalabai Maruti Kgar v. State of Maharashtra, 1993 Cri LJ 702 (Bom)

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