Causing Miscarriage without woman’s consent (Section 313 of IPC)

Legal provisions regarding Causing Miscarriage without woman’s consent under section 313 of Indian Penal Code, 1860.

Causing Miscarriage without woman’s consent:

Section 313 of the Indian Penal Code provides that “Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

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Section 313 of the Code is in continuation of Section 312. In the offence under Section 312, the pregnant woman’s consent is inherent. In the offence under Section 313, there is no consent of pregnant woman, hence only the person who causes the abortion is punished and the woman is not punished while in Section 312 the woman who causes herself to miscarry is also punished.

The offence under Section 313 is an aggravated form of the offence and it is considered a much more grave offence and as per Section 313, it is punishable with imprisonment for life or with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

The offence under Section 313 is cognizable, non-bailable, non- compoundable and shall be tried by the Court of Session.