Ipc 315 over 313

Dear A1981,

Since,  IPC Section 315 deals with the case of INFANTICIDE. The chain of offences from 312 to 316 IPC have made incuded abortion punishable. Section 312 deals with causing miscarriage for which punishment has been prescribed in section 313 IPC either Imprisonment of Life or Imprisonment of either descripttion for a term extending 10 years.

Under 313 IPC consent of woman has not been obtained to cause miscarriage(abortion of baby) which is probable done after s*x determination of foetus. which has long standing practice in India. In Maharashtra in last month more than hundreds of s*x determination machine has been sealed and complints  have been lodge against them. this issue came forwad after one news was published against the Dr. Munde and his wife (Dr. Mrs Munde) had caused more than 17,000 abortion of baby girl in their clinics in Maharashta which has given tremendous shock to Maharashtra and India also. This section is very much imporatant in respect to the consent of the victim lady. as such consent is taken, and abortion is being caused for noble purpose of saving her life it will of course doesn't amount to an offence

Now let us move to Section 315- Infanticide- in this case of course consent of victim woman is implied or taken appearntly. Now this section provides punishment of imprisonment of either descripttion of term which may extend to 10 years of fine or both. This section also attracts our attention towards providing clause under rare circumstances only i.e. to save the life of woman abortion is not punishable otherwise not.

Commentry- I would say section 313 IPC is very much crystal clear of consent of woman(which is not obtained)  wherein section 315 is seems to be relaxive to some extent as its provide genuine defence to doctor, woman, her relative for saving the life of her.

Conclusion: Very sad to say in our country many parents take recourse to abortion in case of s*x detemination of child though Pre-natal Diagnostic Technique(Regulation and Prevention of Misuse) Act, 1994. prohibits the same. To save our future Indian mother, sitster, this cruel offence should be made the offence of Culpable Homicide amounting to Murder.

Thanks

Adv. Hemant B, Shirsale

Pune

+919552580947

I am sorry my Bad !!

The Question is regarding CrPC 313 and 315...