IPC Section 316
IPC Section 316: Causing death of a quick unborn child by an act done with the intent to cause miscarriage
Text (simplified):
“Whoever causes the death of a quick unborn child by doing any act with the intention of causing miscarriage of the mother, shall be punished under this section.”
1. Nature of the Offense
Section 316 deals with unlawful acts leading to the death of a “quick” unborn child.
A “quick” unborn child is one where fetal movements are perceptible, usually after 24 weeks of pregnancy, but legally determined by evidence.
The law distinguishes between miscarriage leading to death of a quick unborn child and other acts causing miscarriage without death (covered under Section 312).
2. Ingredients of the Offense
To constitute an offense under Section 316, the following elements must exist:
Act Causing Miscarriage or Death:
The accused must perform an act that leads to the death of the unborn child.
This can include physical assault, use of instruments, or administering substances.
Intent or Knowledge:
The act must be done with the intention of causing miscarriage or knowing that it is likely to cause miscarriage.
Quick Unborn Child:
The fetus must be developed enough to be considered “quick”.
Death of the fetus must result from the act.
Death as a Result:
The act must directly or indirectly cause the death of the unborn child.
3. Punishment
Section 316 prescribes imprisonment, which may vary depending on circumstances, up to 10 years, and may also include fine.
The punishment is less than murder of a born person, but more severe than causing miscarriage without death (Section 312).
4. Key Points
Consent of the mother is relevant: Acts done with consent in a lawful medical procedure (like a legal abortion) are not punishable.
Section 316 applies only when the unborn child dies.
Intent or knowledge is crucial: Accidental harm without intent to cause miscarriage does not fall under this section.
5. Example
A person assaults a pregnant woman, knowing she is pregnant and intending to cause miscarriage, and the unborn child dies.
This falls under IPC Section 316.
If the fetus was not “quick” (not perceptibly developed), it may instead come under Section 312 (causing miscarriage), which has lesser punishment.
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