§ 312 – Causing Miscarriage

deals with causing miscarriage with the consent of the woman. The Medical Termination of
Pregnancy Act, 1971 provides for the termination of pregnancy it its continuance involves risk to
the life of the pregnant woman or grave injury or if the child is born then there is high possibility
that it would suffer from such physical or mental abnormalities as to be seriously handicapped.
Where the pregnancy is caused by rape or failure of any contraceptives then it would be
presumed to cause grave injury to the mental health of the married woman.

Quick with child – name applied to peculiar sensations experienced by a woman about the fourth
or fifth month of pregnancy.

Punishment is upto 7 years + Fine

§ 313 – Miscarriage without consent

Graver then previous section. Miscarriage is without the consent of the woman. Punishment is
imprisonment for life or it may extend to 10 years + Fine

§ 314 – death caused by act done with intent to cause miscarriage

If miscarriage was intended with consent then punishment is upto 10 years + fine

If miscarriage was without consent and death of woman is caused the punishment is
imprisonment for life or upto 10 years + fine

§ 315 – act preventing child to born alive or to cause it to die after birth

Punishment of imprisonment for life or upto 10 years or with fine or with both.

§ 316 – Causing death of unborn child by act amounting to culpable homicide.

Any act if committed on living beings would amount to culpable homicide – punishable under
this section for a period extendable till 10 years + fine

Unless the act is done against the mother with an intention or with a knowledge which brings it
within the purview of § 299, it cannot constitute an offence under this section merely because the
death of a quick unborn child has resulted from an act against the mother. (Jabbar Case)

§ 317 – abandonment of child upto 12 years

Punishable for a term which may extend to 7 years or with fine or with both

Ingredients

1) Person must be a father or mother or must have the care of the child
2) Child must be under 12 years of age
3) Child must have been exposed or left in any place with the intention of wholly
abandoning it.

§ 318 – Concealment of birth by secret disposal of dead body

Ingredients

1) Secret burying or otherwise disposing of the dead body of a child

2) Immaterial whether such child dies before or after or during its birth
3) Intention to conceal the birth of such child by such secret burying or disposal

§ 319 – Hurt

The definition of hurt appears to contemplate the causing of pain etc. by one person to another.

Where there is no intention to cause death nor knowledge that death is likely to be caused from
the harm inflicted, and death is caused, the accused would be guilty of hurt only if the injury
caused was not serious.

Hurt does not include mental pain or stress. Disease means anything which prohibits a person
from doing something in ordinary course.

§ 320 – Grievous Hurt

GH is hurt of a more serious kind. To make out the offence of voluntary causing grievous hurt,
there must be some specific hurt, voluntarily inflicted, and coming within any of the eight kinds
enumerated in this section.

Emasculation means depriving a male of masculine vigor. (1)

Disfiguration means doing a man some external injury which detracts from his personal
appearance but does not weaken him. (6)
If there is break by cutting or splintering of the bone or there is a rupture or fissure in it, it would
amount to be a fracture within the meaning of this clause. (7)

Clause 8 speaks of two things 1) any hurt which endangers life 2) any hurt which causes the
sufferer to be during the space of 20 days a) in severe bodily pain b) unable to follow his
ordinary pursuits.

The line between culpable homicide not amounting to murder and GH is a very thin line. In one
case the injuries must be such as are likely to cause death, in the other the injuries must be such
as to endanger life. An injury can be said to endanger life if it is in itself that it may put the life of
injurer in danger.

State of Karnataka v. Shiva Linga – Squeezing of testicles of male is also considered as grievous
hurt

Ramkaran M v. State – Offence of GH is not caused until 1) GH is caused 2) Person causing GH

has intention or knowledge regarding what he is doing. Further when hurt caused is simple
accused cannot be charged of GH even when it was in contemplation of accused to cause GH.

Also refer material sent by Ma’am

§ 326A – voluntarily causing GH by use of acid etc.

Punishable with minimum 10 years which may extend to life imprisonment + fine

Merely because the title to § 326 speaks about GH it is not necessary any GH be caused. Merely
an attempt of throwing would attract the offence under § 326A and 326B (Maqbool v. State of
UP)

The fine is mandatory and quantum should be just and reasonable in the sense to meet the
medical expenses of the victim.

§ 326B Voluntarily throwing or attempting to throw acid

While the legislative focusses on causing GH in § 326A, the focus in § 326B is more on the act
of throwing or attempting to throw acid with the intention of casing GH of the nature.
SC in Laxmi v. UOI directed the state to consider 1) enactment of appropriate provision for
effective regulation of sale of acid in the state/UT 2) measures for proper treatment, after care
and rehab of victims 3) Compensation payable to the acid attack victims.