Indian Penal Code, 1860 · Chapter XVI: Of Offences Affecting the Human Body · Of offences affecting life
Section 312: Causing miscarriage
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Explanation.—A woman who causes herself to miscarry, is within the meaning of this section.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 312
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Digambar and Another v. The State of Maharashtra and Another
Whether the High Court should have exercised its inherent powers u/s.482 of the Cr.P.C. to quash the criminal proceedings u/ss.498-A, 312, 313 and 34 of the Penal Code, 1860.
- Kaushal Kishor v. State of Uttar Pradesh & Ors.
- X v. The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr