IPC 313 vs BNS 313 – Causing Miscarriage by Consent
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 313
Causing miscarriage by consent
About IPC Section
Section 313 of the Indian Penal Code, 1860, deals with causing miscarriage with the woman’s consent, punishing individuals who induce miscarriage on a woman’s voluntary agreement. While consent may be present, the law still regulates such acts to ensure safety and legality, preventing abuse or unsafe practices.
Key points:
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Applies to anyone who causes miscarriage with the consent of the woman, but without legal or medical justification.
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Consent does not absolve the person from liability, particularly if the act is unsafe or outside legal provisions.
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Punishment: Imprisonment up to 3 years, or fine, or both.
Example: A person administering medications to a consenting pregnant woman to induce miscarriage, without proper legal procedure, falls under IPC 313. The law ensures accountability and safety even when consent is provided.
Section: BNS 313
Causing miscarriage by consent
About BNS Section
Section 313 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 313. It punishes any individual who causes miscarriage with the woman’s consent, ensuring safety and legal oversight even when the act is voluntarily agreed upon.
Key points:
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Covers all acts causing miscarriage with consent, but performed without medical justification or legal compliance.
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Punishment: Imprisonment up to 3 years, or fine, or both (same as IPC).
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Ensures maternal safety, legal accountability, and prevention of unsafe consensual abortions.
Example: A person performing an unsanctioned abortion on a consenting woman is liable under BNS 313. This ensures protection of health while maintaining legal oversight on consented miscarriage.