Bailabel Type : non-bailable

Description

Description:

Section 313 of the Indian Penal Code (IPC) deals with the intentional act of causing a miscarriage without the woman’s consent, whether or not she is quick with child (meaning whether or not the child is capable of moving in the womb, typically after the first trimester).

This section recognizes the severity of performing an abortion or miscarriage procedure without the woman's consent, which is a criminal offense. Such acts are seen as an outrage to the woman's autonomy and bodily integrity, and are punishable accordingly.

Key Elements of Section 313:

1. Offense Definition:

   • The offense is committed when a person causes a miscarriage of a woman without her consent. This can include physical harm, coercion, or any other action that forces or influences the woman to undergo a miscarriage.
   • The offense applies whether the woman is in the early stages of pregnancy or has reached a later stage where the fetus is capable of movement.

2. Whether Quick with Child or Not:

   • The section does not differentiate between early pregnancy and later pregnancy. The law considers causing a miscarriage to be an offense regardless of whether the fetus is quick (alive) or not.
   • The term "quick with child" simply refers to whether the fetus has reached a point where it can be felt moving inside the womb (generally after 16 weeks), but the law does not require this condition for the offense to be committed.

3. No Consent:

   • Consent is the central issue in this section. If the woman has not agreed to undergo an abortion or miscarriage (whether by force, deceit, or other means), the act is considered criminal.
   • Even if the woman was pressured, coerced, or forced into the situation without her full and willing consent, this section applies.

4. Intentional Act:

   • The person performing the act must do so with the intent to cause the miscarriage. It doesn't matter if the person was attempting the procedure in a medical capacity or not; the core issue is that the woman did not give consent.

5. Punishment:

   • The punishment under Section 313 is severe due to the non-consensual nature of the act. It reflects the seriousness of violating a woman's bodily autonomy and rights.
     • The punishment can be life imprisonment, which is the most severe form of punishment under Indian law, or it can be imprisonment for up to 10 years.
     • Additionally, the person committing this offense will also be liable to a fine. The fine serves as an additional deterrent and penalty for the harm caused.

Punishment

Punishment Under Section 313:

• Imprisonment for Life: If the offense is serious, the offender may be sentenced to life imprisonment.

• Imprisonment up to 10 Years: Alternatively, the offender may face imprisonment for a term that can extend up to ten years.

• Liable to Fine: The offender may also be required to pay a fine, as decided by the court.