IPC Section 58
Indian Penal Code (IPC) Section 58 – Commencement of life when born after the existence of injury
Text of Section 58 IPC:
"When a child, capable of being born alive, is born after the existence of an injury which is sufficient in the ordinary course of nature to cause death, and if such injury has been caused to the mother during pregnancy, the child shall be deemed to have been “injured” in the act or omission which caused the injury to the mother."
Detailed Explanation:
Section 58 deals with cases where a pregnant woman is injured, and after some time, the child is born alive but suffers the consequences of the injury sustained by the mother before birth.
Key Points:
Injury to Pregnant Woman:
If a woman is pregnant and suffers an injury caused by someone’s act or omission.
Child Born After Injury:
The child is born alive after the injury has already been inflicted on the mother during pregnancy.
The child is capable of being born alive, meaning the fetus is viable.
Injury to Child:
The law considers the child as having been injured at the time when the mother was injured.
Even though the child is born later, the injury is linked back to the original act or omission affecting the mother.
Legal Implication:
The person who caused the injury to the mother can be held responsible for the injury to the child, even though the child was born after the injury.
This is important in cases involving harm to the unborn child due to actions against the mother.
Why is Section 58 Important?
It extends legal protection to unborn children who are born alive but injured due to harm to the mother during pregnancy.
It ensures offenders can be held accountable for injuries that affect the child, even if the child was not yet born at the time of the offence.
Helps in prosecuting cases where harm to the fetus leads to injury or death after birth.
Example to Illustrate:
Suppose a pregnant woman is assaulted and suffers serious injuries.
Later, the child is born alive but with injuries or disabilities caused by the assault.
The offender is liable for causing injury to the child under this section, even though the child was born after the injury occurred.
Summary:
Injury caused to a pregnant woman can be legally considered as injury to the child born alive afterward.
Provides protection to the unborn child against harm caused during pregnancy.
Ensures accountability for injuries to the child linked to acts against the mother.
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