IPC 312 vs BNS 312
● Retained in BNSCausing miscarriage
Section 312 of the Indian Penal Code, 1860, deals with causing miscarriage, punishing anyone who voluntarily causes a woman to miscarry without necessarily resulting in her death. This law distinguishes simple abortion from fatal acts covered under IPC 310 and 311, providing legal regulation over termination of pregnancy.
Key points:
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Applies to anyone who intentionally causes miscarriage through any act or substance.
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Does not require death for the punishment to apply, but the act must be voluntary.
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Punishment: Imprisonment up to 3 years, or fine, or both.
Example: A person giving medicines to a pregnant woman to induce miscarriage, without fatal outcome, falls under IPC 312. The law ensures accountability for voluntary acts causing termination of pregnancy while distinguishing it from fatal attempts.
Causing miscarriage
Section 312 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 312. It punishes individuals who voluntarily cause miscarriage, ensuring legal oversight over acts that terminate pregnancy without causing maternal death.
Key points:
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Covers all voluntary acts inducing miscarriage, whether by substance, physical act, or procedure.
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Punishment: Imprisonment up to 3 years, or fine, or both (same as IPC).
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Ensures protection of maternal health while distinguishing non-fatal miscarriages from more severe offenses.
Example: A person performing a non-lethal procedure causing miscarriage is liable under BNS 312. This ensures legal accountability for voluntary miscarriage while differentiating from fatal outcomes.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 312 to BNS BNS 312.