IPC Section 315
IPC Section 315 – Act Causing Death by Negligence to a Child or Unborn
Text of Section 315 (simplified):
"Whoever voluntarily causes a child to die before it has completely come out of the mother’s womb, or causes a child to die after birth by an act or omission, knowing it is likely to cause death, shall be punished."
1. Nature of the Offense
Section 315 deals with causing death of a child or fetus due to voluntary act or omission.
It is a criminal offense under IPC.
This section primarily focuses on protecting children before and after birth.
2. Key Ingredients of the Offense
To constitute an offense under Section 315, the following elements must exist:
Child or unborn child:
The law protects both:
Unborn child (fetus) before it completely comes out of the womb.
Newborn child after birth.
Voluntary act or omission:
The death must be caused intentionally or by negligence.
Even if there was no intent to kill, but the act was likely to cause death, it is punishable.
Knowledge of risk:
The person must know that their act or omission is likely to cause death.
Ignorance or accident may reduce culpability.
Causation:
The act or omission must directly result in the death of the child or fetus.
3. Punishment under IPC Section 315
Imprisonment: Varies depending on the act.
Fine: May also be imposed.
If the act is more serious, other sections like Section 316 IPC (causing death of a quick unborn child) may apply with stricter punishment.
4. Example Cases
Example 1:
A person assaults a pregnant woman, causing the fetus to die.
Example 2:
A caregiver neglects a newborn baby, leading to its death, knowing the risk involved.
Example 3:
Administering harmful drugs to a pregnant woman, causing miscarriage or death of the fetus.
5. Difference from Related Sections
Section 316 IPC: Deals with death of a quick unborn child, which is considered more serious.
Section 302 IPC: Deals with murder of a born person, not an unborn child.
Section 315 IPC: Focuses on acts or omissions likely to cause death to a child or unborn child.
✅ Summary:
IPC Section 315 punishes anyone who causes the death of a child or fetus by voluntary act or omission, knowing it is likely to cause death. It protects the life of the unborn and newborn and emphasizes responsibility for acts or negligence affecting them.
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