IPC 315 vs BNS 315
● Retained in BNSAct done with intent to prevent child being born alive, causing death of child
Section 315 of the Indian Penal Code, 1860, deals with acts intended to prevent a child from being born alive, resulting in the death of the child. This provision punishes individuals who intentionally interfere with pregnancy to end the life of the unborn child, emphasizing the protection of nascent human life.
Key points:
-
Applies when a person acts to prevent a child from being born alive and the act causes the child’s death.
-
Covers both physical acts and administration of substances intended to terminate life.
-
Punishment: Imprisonment up to 3 years, or fine, or both.
Example: A person administering harmful substances to a pregnant woman to prevent the birth of a child, resulting in fetal death, falls under IPC 315. This law ensures legal protection for the unborn child and accountability for intentional harm.
Act done with intent to prevent child being born alive, causing death of child
Section 315 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 315. It punishes any individual whose intentional act to prevent a child from being born alive results in the child’s death, safeguarding nascent human life.
Key points:
-
Covers all acts causing death of unborn children due to intent to prevent live birth.
-
Punishment: Imprisonment up to 3 years, or fine, or both (same as IPC).
-
Ensures legal deterrence against acts harming unborn children and protection of nascent life.
Example: A person performing a deliberate act to terminate a viable fetus, leading to its death, is liable under BNS 315. This ensures protection of unborn life and accountability for intentional fetal harm.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 315 to BNS BNS 315.