Ipc section 313
Ravinder
(Querist) 17 July 2012
This query is : Resolved
My brother got married with Jyoti on 18.04.2008 and after one month on dated 01.06.2008 in the morning he see that his wife having bleeding in " Par vagina". than he take her to doctor and doctor after examination said that may be she was pregnant but now bleeding is very much with white fluid and some blood clot. so it is better to do DNC and his wife agreed and DNC procedure done after her consent. now after some time some differences come in there relations now after 4 years on dated 26.05.2012 she filed a fir under section 498A, 323, 506 against my brother including 2 brothers , his wives , 2 elder married sisters. in the FIR Jyoti said that my husband, his elder sister in law and elder sister forced me to do abortion. now police threaten us to apply section 313. Pls guide us that regarding section 313 that 313 is applicable or not and it is bailable or not. if we take anticipatory bail and police apply section 313 later in charged sheet than anticipatory bail will be cancelled or not.
Adv.R.P.Chugh
(Expert) 17 July 2012
In face of such unimpeachable medical records - 313 is not made out. If later police chargesheets you u/s 313 which was earlier not there, then your bail won't be cancelled automatically. Your bail would be regularised in the court after you are summoned post presentation of the chargesheet.
Nadeem Qureshi
(Expert) 17 July 2012
Dear Querist
it's depend on the investigation, noone can interfare, the IO of the case is the main key and if the IO get any evidence in this regards that there is any offence had been committed, IO may be filed the chargesheet with this section.
Section 313. Causing miscarriage without woman's consent
Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with 1[ imprisonment for life] or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Para I
Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of SesÂsion—Non-compoundable.
There is no effect on the AB
Feel free to call
Raj Kumar Makkad
(Expert) 18 July 2012
This a serious offence which is non-bailable. You should keep medical evidence in your hands so that the same may be shown to police authorities at the appropriate time. Her consent is already on those medical documents obtained by concerned doctor. Second point is the delay of about 4 years of that event. This is inordinate delay. where was she since a long period if she was subjected to forceful abortion. There is no relation of married sisters, their husbands and other brothers and their wives in such matters as everyone resides separately having remote connection with such newly married couple enjoying their sexual life.
