IPC Section 315 — Act done with intent to prevent child being born alive or to cause it to die after birth

Summary

A person who does something to a child before it is born, intending to stop it from being born alive or to cause its death after birth, and actually prevents the birth or causes the death, can be punished. This punishment can be imprisonment for up to ten years, a fine, or both. However, this does not apply if the act was done in good faith to save the mother’s life.

Official Text

Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.

Related Judgments

• https://hcservices.ecourts.gov.in/hcservices/ vs The Inspector of Police, — Madras High Court (2004)
• SC (2024) Vol.2 p.989 — Supreme Court of India (2024)
• CRL A/457/2013 — Madras High Court (2013)
• : Petitioner vs 1.The State rep. by the — Madras High Court ()
• ... Appellant/Single Accused vs The State, — Madras High Court (2012)
• .. Appellant vs State rep. By — Madras High Court (2011)
• [ PETITIONER/APPELLANT] vs THE STATE REP BY ITS, [ RESPONDENT ] — Madras High Court (2017)
• CRL OP/30026/2018 — Madras High Court (2018)

Old <-> New Code Mapping

• BNS §91 — Act done with intent to prevent child being born alive or to cause to die after birth