Death caused by act done with intent to cause miscarriage
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Summary
If someone intentionally does an act to cause a pregnant woman to miscarry and the woman dies, they face imprisonment up to ten years and a fine. If the act was done without the woman’s consent, the offender may be punished with life imprisonment or the ten-year term and fine. It is not necessary that the offender knew death was likely.
Example
Rohan gives Priya a drug to induce miscarriage and she dies. Because he intended the miscarriage and his act caused her death, Rohan can be punished with up to ten years imprisonment and a fine; had Priya not consented, he could face life imprisonment instead.
Bare Act
Enacted textWhoever, 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 imprisonment for life, or with the punishment above mentioned.
Explanations
(1) It is not essential to this offence that the offender should know that the act is likely to cause death.
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