सं Samvidhan

Indian Penal Code, 1860

Section 315

repealed

Act done with intent to prevent child being born alive or to cause it to die after birth

Why this exists

This section addresses acts targeting an unborn child close to birth, distinct from earlier miscarriage-related sections, protecting the life of a fetus that is viable and close to being born. It reflects the law's concern with harmful acts, such as feticide near term, done to prevent a live birth outside the narrow exception of protecting the mother's life. Under the Bharatiya Nyaya Sanhita, 2023, this offence is now covered under Section 91.

Common misconceptions
  • Myth: This section is the same as the miscarriage provisions in Sections 312 and 313.
    Fact: This section specifically targets acts close to the time of birth aimed at preventing a live birth or causing death right after birth, distinct from earlier-stage miscarriage offences.