Medicolegal Update
(Dr Sudhir Gupta, Additional Prof, Forensic Medicine & Toxicology, AIIMS)
(Dr Sudhir Gupta, Additional Prof, Forensic Medicine & Toxicology, AIIMS)
Sec. 314 IPC provides that whoever,
with intent to cause the miscarriage of the woman with child, does any act that
causes the death of such woman, shall be punished with imprisonment of either
description of a term which may extend to ten years or shall also be liable to
fine. If the act is done without the consent of the woman, shall be
punished with imprisonment for life or with punishment above mentioned.
- The explanation to this section
says that it is not essential to this offence that the offender should
know that the act is likely to cause death.
- A person who attempted to cause
miscarriage of a pregnant woman but was unsuccessful in the process and
when pregnant girl died several weeks later having developed septicemia
without it having been established that the person was responsible for
septicemia, the person cannot be held guilty under Sec 314 of IPC.
(Ref: Vatchalabai Maruti Kgar v. State
of Maharashtra, 1993 Cri LJ 702 (Bom)
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