IPC 314 vs BNS 314 – Death Caused During Consensual Miscarriage
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 314
Death caused by act done with intent to cause miscarriage, by consent of the woman
About IPC Section
Section 314 of the Indian Penal Code, 1860, deals with death caused by an act intended to cause miscarriage when the woman has given her consent. Even though the woman consents, the perpetrator is held accountable if their act results in her death, highlighting the seriousness of fatal outcomes during consensual miscarriage attempts.
Key points:
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Applies when a person causes miscarriage with consent, but the act results in the woman’s death.
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Consent does not absolve liability, especially when the act is reckless or unsafe.
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Punishment: Imprisonment up to 10 years, and may include fine.
Example: A person performing an unsafe procedure to induce miscarriage on a consenting woman, resulting in her death, falls under IPC 314. This law ensures strict accountability and deterrence against unsafe practices even with consent.
Section: BNS 314
Death caused by act done with intent to cause miscarriage, by consent of the woman
About BNS Section
Section 314 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 314. It punishes any individual whose consensual act to cause miscarriage results in the woman’s death, ensuring protection of maternal life and legal responsibility.
Key points:
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Covers all acts causing death during consensual miscarriage attempts.
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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 deterrence against unsafe procedures even with consent.
Example: A person causing fatal injury to a pregnant woman during a consensual miscarriage procedure is liable under BNS 314. This ensures legal accountability and protection of life.