This section requires proof that the accused intended to kill the woman.

It only requires intent to cause miscarriage; the resulting death, even if unintended, is enough to trigger this offence.

Indian Penal Code, 1860

Section 314

repealed

Death caused by act done with intent to cause miscarriage

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;§

Why this exists

This section addresses the tragic situation where an attempt to terminate a pregnancy, whether consensual or not, results in the woman's death, even though killing her was never the intention. It ensures accountability for the fatal consequences of dangerous or unlawful abortion attempts, recognizing that such deaths often result from unsafe methods, lack of medical care, or reckless disregard for the woman's safety. Under the Bharatiya Nyaya Sanhita, 2023, this offence is now covered under Section 90; the provision also notably provides for enhanced punishment if the act was done without the woman's consent.

How courts read it

Courts examine whether the accused's intent was directed at causing the miscarriage, with the resulting death being a consequence rather than the primary goal, distinguishing this offence from murder or culpable homicide where death itself is intended.

Common misconceptions

Myth: This section requires proof that the accused intended to kill the woman.
Fact: It only requires intent to cause miscarriage; the resulting death, even if unintended, is enough to trigger this offence.