CHAPTER XVI OF OFFENCES AFFECTING THE HUMAN BODY · Of the causing of Miscarriage, of Injuries to unborn Children, of the Exposure of Infants, and of the concealment of Births

Section 314: Death caused by act done with intent to cause miscarriage

The Indian Penal Code, 1860 (repealed)

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine;

if act done without woman's consent.—and if the act is done without the consent of the woman, shall be punished either with ¹[imprisonment for life], or with the punishment above mentioned.

Explanation.—It is not essential to this offence that the offender should know that the act is likely to cause death.

Footnotes in the official text

1.Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

314. Death caused by act done with intent to cause miscarriage.

BNS 90

Questions on this section

1 question in 4 of our papers cite Section 314. Try these from the free papers:

1. With Z's consent, A administers a drug to Z, who is pregnant, intending to cause her miscarriage. The drug causes Z's death. A did not know that the act was likely to cause death. Under the Bharatiya Nyaya Sanhita, 2023:

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