Plagiarism Scan Report

Report Generated on: May 12,2023

Total Words: 841

Total Characters: 4882

5% 95%
Plagiarized Sentences: 5.7

Plagiarised Unique Unique Sentences: 32.3 (85%)

Content Checked for Plagiarism

PROVISIONS IN THE IPC

“Section 312. Causing miscarriage- 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
ne, 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 ne.
Explanation: A woman who causes herself to miscarry, is within the meaning of this section.”
This along with Section 316-319 talk about voluntary miscarriage. These provisions or sections of the
IPC deal with offenses relating to miscarriage and aggravated offenses relating to the same, where the
miscarriage is caused with or without the consent of the woman resulting in the death of the fetus.
These provisions are only applicable in cases where the miscarriage has happened voluntarily and not
due to any accident.
The term “voluntarily” has been de ned in Section 39 of the Indian Penal Code.
With this being said, intention or the mens rea to cause the miscarriage is an essential ingredient to this
offense. This includes administering to a pregnant woman any medication that may result in the abortion
of the unborn child. A person is criminally liable for attempt to cause miscarriage under Section 312 r/w
Section 511 IPC. In Queen Empress v. Aruna Begum, the woman’s term of pregnancy was almost
complete and there was an attempt to abort, which resulted in the birth of the child. The conviction
under Section 312 IPC was set aside and the woman was charged under Section 511 IPC for the attempt
to cause miscarriage.
Woman with child and woman with quick child
As per the provisions of the IPC, speci cally Section 312, the act of causing miscarriage is said to be an
offense in two cases- when a woman is ‘with a child’ and when a woman is ‘with a quick child.’ Based on
judicial interpretations in this regard, a woman ‘with a quick child’ is said to be a pregnant woman whose
gestation period has just begun. The latter is said to be a woman who is in her later stages of gestation
and can generally feel the movement of her child. Generally, the term ‘with a quick child’ refers to more
advanced stages of pregnancy. Quickening is the perception by the mother that the movement of the
fetus has taken place or the embryo has taken fetal form. The offense of causing miscarriage to a woman
‘with a quick child’ is considered to be a graver offense and generally invites a period of imprisonment
that extends to a term of up to 3 years along with a ne, whereas, causing a miscarriage to a woman
‘with child’ invites a punishment of simple imprisonment for a period
up to
of7 years and a ne, or both.
In 1886, sometime right after the enactment of the penal code, a woman in the case of Queen Empress v.
Ademma, was charged under Section 312 of the IPC for voluntarily causing her own miscarriage when
she was around one month pregnant. She was only around one month pregnant which means there was
no rudimentary ‘child’ or ‘foetus.’ The High Court held that it was the duty of the mother to protect the
foetus right from the moment of conception of the child.
THE MEDICAL TERMINATION OF PREGNANCY ACT, 1971

The Medical Termination of Pregnancy (MTP) Act, 1971 was enacted to provide woman with access to
safe abortion procedures in certain cases. While the MTP Act is seen as progressive legislation, it does
not really give a woman the power to decide whether or not she wants to continue her pregnancy. This
Act allows medical practitoners to perform an abortion in certi ed medical centres only up to 20 weeks

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gestation and that too, only under certain circumstances.
i.) Risk to the life of woman
ii.) Risk of grave injury to her physical and mental health.
iii.) Serious foetal abnormalities.
In India, only few categories of women have access to safe abortion procedures.
The MTP Act lays down
certain criterions for legal abortions, but due to the strict penalties imposed by the Act, medical
practitioners are often in fear to terminate a pregnancy. The second explanation clause of Section 3 of
the MTP Act, 1971 by mentioning ‘married woman’ explicitly deny unmarried woman the access to a
safe abortion procedure. Furthermore, as abortions are only allowed on the limited grounds and requires
the permission of either one or two medical practitioners based on the level of advancement of
pregnancy, women are often forced to resort to unsafe abortion procedures. These limited and restrictive
grounds for abortion, the existence of various other barriers besides the law itself and the criminalisation
of the same result in the failure to address this as an issue relating to public health and a woman’s
reproductive health.

Section 312. Causing miscarriage.

Explanation.—A woman who causes herself to miscarry, is within the meaning of this section. Previous
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Next ...
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_152326676568
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reproductiverights.org › maps › provisionSri Lanka's Abortion Provisions - Center

for Reproductive Rights
305. Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the
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death of such woman, shall be punished with imprisonment of either description for a term which may
extend to twenty years, and shall also be liable to ne.
https://reproductiveri
ghts.org/maps/provision/sri-lankas-abortion-
provisions

voluntarily+de ned | Indian Case LawGhasinath Bentkar Singh v. State Of Orissa

The term “Voluntarily” has been de ned in Section 39 of the Indian Penal Code which is...knew or had reason
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to believe to be likely to cause it.”14.The term “Voluntarily” has been de ned in Section 39 of the Indian
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Legal Provisions Relating to Miscarriage of Womb

Jan 29, 2021 — Difference between woman with child and woman with quick child: ADVERTISEMENT.
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Mutual Evaluation Report of the Turks and Caicos Islands

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Tamil Nadu National Law University, Tirucihrapalli | PDF

In India, only few categories of women have access to safe abortion procedures. The MTP Act lays down
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