IPC Section 318
Text of IPC Section 318 (Simplified)
"Whoever, voluntarily causes a woman with child to miscarry without her consent, shall be punished with imprisonment for up to three years, or with fine, or both."
Key Elements of Section 318
Who can commit this offence?
Any person. There is no restriction on who can commit this act.
Voluntary act:
The act must be intentional, not accidental.
Example: Administering drugs, using force, or doing anything that leads to miscarriage.
Woman must be pregnant:
The offence only applies if the woman is with child.
Miscarriage of a non-pregnant woman does not fall under this section.
Without consent:
Consent of the woman is crucial.
If the woman voluntarily agrees (for example, a lawful medical termination within legal limits), it may not fall under this section.
Punishment
Imprisonment: Up to 3 years
Fine: Court may impose a monetary penalty
Or Both: Depending on the severity and circumstances
Example
A person secretly administers drugs to a pregnant woman to cause a miscarriage without her knowledge.
This falls under Section 318.
A person physically assaults a pregnant woman leading to miscarriage without her consent.
This is punishable under Section 318.
Summary:
IPC Section 318 punishes anyone who intentionally causes a miscarriage to a pregnant woman without her consent. The key aspects are: voluntary act, pregnancy, and lack of consent.
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