Act done with intent to prevent child being born alive or to cause it to die after birth
AI Assist
Summary
An act done before a child's birth with the intent to prevent the child being born alive or to cause its death after birth is punishable if the act actually prevents a live birth or kills the child after birth. The offender can face up to ten years' imprisonment, a fine, or both. Acts done in good faith to save the mother's life are exempt.
Example
Priya goes to an unlicensed practitioner who injects a substance meant to stop her baby being born alive; the baby is not born alive. The practitioner can be punished with up to ten years' imprisonment, a fine, or both unless the act was done in good faith to save Priya's life.
Bare Act
Enacted textWhoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
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