IPC 310 vs BNS 310
● Retained in BNSDeath caused by act done with intent to cause miscarriage
Section 310 of the Indian Penal Code, 1860, deals with causing death of a woman while attempting to cause miscarriage. This provision punishes acts that intentionally or recklessly lead to the death of a pregnant woman while trying to terminate the pregnancy, highlighting the seriousness of harming both life and maternal health.
Key points:
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Applies when a person intentionally causes or attempts to cause miscarriage, resulting in the woman’s death.
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Emphasizes protection of maternal life and responsible medical/legal conduct.
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Punishment: Imprisonment up to 10 years, and may include fine.
Example: A person administering unsafe substances to a pregnant woman to induce miscarriage, leading to her death, falls under IPC 310. This law ensures accountability for acts endangering the life of pregnant women.
Death caused by act done with intent to cause miscarriage
Section 310 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 310. It punishes any individual whose intentional act to cause miscarriage results in the death of the pregnant woman, ensuring strict legal measures to protect life.
Key points:
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Covers all acts attempting miscarriage that lead to fatality, whether intentional or reckless.
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Punishment: Imprisonment up to 10 years, and may include fine (same as IPC).
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Ensures maternal safety and legal deterrence against unsafe termination of pregnancy.
Example: An unqualified practitioner causing the death of a pregnant woman while attempting abortion would be liable under BNS 310. This ensures legal accountability and protection for maternal life.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 310 to BNS BNS 310.