Indian Penal Code, 1860
Section 313
repealedCausing miscarriage without woman's consent
Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Why this exists
This section escalates the punishment sharply when a miscarriage is caused against the woman's will, recognizing that forcing a miscarriage without consent is a graver violation of her bodily autonomy than even an unlawful but 'consensual' abortion. It reflects the law's concern for cases like forced abortions, poisoning, or assault intended to terminate a pregnancy without the woman's knowledge or agreement. Under the Bharatiya Nyaya Sanhita, 2023, this offence is now covered under Section 89.
How courts read it
Courts treat lack of consent as the defining and aggravating element distinguishing this section from Section 312, and have held that consent obtained through fraud, coercion, or while the woman is unconscious or unaware does not count as valid consent for this purpose.
Common misconceptions
- Myth: This section only applies if violence or physical force was used.
Fact: It applies whenever the woman did not consent, whether through force, deception, secret poisoning, or any other means that bypassed her agreement.