Offences Causing Miscarriage Under BNS
Offences Causing Miscarriage
Introduction
Offences causing miscarriage refer to acts that lead to the premature termination of pregnancy, either intentionally or negligently, causing harm to the woman or fetus. These acts are treated seriously under criminal law due to their impact on life and bodily integrity.
Key Elements of the Offence
Act Causing Miscarriage
Any deliberate act or omission that causes a woman to lose her fetus before full term.
Without Consent or Justification
The act is unlawful if done without the woman’s consent or without legal justification (like medical necessity).
Injury or Danger to Life
If the act endangers the woman’s life or causes grievous hurt, the offence attracts more severe punishment.
Types of Offences Causing Miscarriage
Voluntary Miscarriage without Consent:
When someone causes miscarriage without the pregnant woman’s consent.
Voluntary Miscarriage with Consent but Without Justification:
When the woman consents but the miscarriage is not legally or medically justified.
Negligent Causing of Miscarriage:
When miscarriage is caused by negligence or rash acts.
Important Case Law
1. R v. Swaffield (1994) (UK Case - Relevant for Principle Understanding)
Though a UK case, it discusses liability for causing miscarriage through unlawful act or negligence.
Establishes that intent or recklessness is key to establishing criminal liability.
2. K.M. Nanavati v. State of Maharashtra
The court held that causing miscarriage without valid medical reason and without consent is a criminal offence.
Emphasized the sanctity of human life, including unborn life.
Key Principles
Consent is crucial: Without the woman’s free and informed consent, any act causing miscarriage is unlawful.
Medical justification: In cases of medical necessity (e.g., to save the life of the mother), causing miscarriage may be lawful.
Intention and knowledge: The person causing miscarriage must have intention or knowledge that the act would cause miscarriage.
Severity depends on harm: Penalties increase if the woman suffers grievous hurt or death.
Summary Table
| Aspect | Explanation |
|---|---|
| Actus Reus | Causing miscarriage (induced abortion) |
| Mens Rea | Intention or knowledge of causing miscarriage |
| Consent | Without woman’s valid consent = offence |
| Justification | Medical necessity can justify causing miscarriage |
| Punishment Severity | More severe if life endangered or grievous hurt caused |
Conclusion
Offences causing miscarriage involve illegal acts leading to premature termination of pregnancy, punishable due to the protection of life and bodily autonomy. Courts look at intent, consent, justification, and harm caused in deciding criminal liability.
RELATED Blog
0 comments