Section 314 - Death Caused By Act Done With Intent To Cause Miscarriage

Bare reading of the section:

314. Death caused by act done with intent to cause miscarriage.—Whoever, 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 1[imprisonment for life], or with the pun­ishment above mentioned. 

Explanation.—It is not essential to this offence that the of­fender should know that the act is likely to cause death.

Section 314 of the Indian Penal Code (IPC) criminalizes acts that lead to the death of a pregnant woman when done with the intent to cause a miscarriage. Let's break down this section and elaborate on its key components:

1. Intent: The section requires that the accused must have a specific intent to cause a miscarriage. In other words, they must consciously and willfully engage in actions to terminate the pregnancy. Mere negligence or accidental actions would not suffice for prosecution under this section.
2. Act Resulting in Death: The act performed by the accused, with the intent to induce a miscarriage, must lead to the death of the pregnant woman. If the woman dies as a direct result of the actions taken by the accused, it falls under the purview of this section.
3. Punishment: Section 314 prescribes a maximum punishment of imprisonment for a term extending to ten years. This means that if convicted, the accused may face a prison sentence of varying lengths, with the maximum being ten years. Additionally, the accused may also be liable to pay a fine.

It is important to note that this section is a specific provision in the IPC that deals with situations where a woman dies as a consequence of someone intentionally causing her to miscarry. The law is in place to protect the lives of pregnant women and their unborn children. This section focuses on the intent and the outcome, with the punishment being determined based on these elements.

It's essential to consult a legal expert and refer to the latest legal documents for the most accurate and up-to-date information on this section, as laws can change over time due to amendments and legal developments.

Purpose of this section:

The purpose of Section 314 of the Indian Penal Code (IPC) is to address and deter acts that lead to the death of a pregnant woman when done with the intent to cause a miscarriage. This section serves several important purposes:

1. Protection of Pregnant Women: Section 314 is designed to protect the lives and well-being of pregnant women. It recognizes the vulnerability of pregnant women and aims to safeguard their health and safety during pregnancy by deterring actions that may harm them.
2. Deterrence: By establishing legal consequences for individuals who intentionally cause a miscarriage that results in the death of the pregnant woman, this section acts as a deterrent. It discourages people from engaging in such harmful and life-threatening acts.
3. Accountability: The provision holds individuals accountable for their actions when they have the specific intent to terminate a pregnancy, and this leads to the death of the woman. It ensures that those responsible for causing harm to a pregnant woman are subject to legal consequences.
4. Legal Framework: Section 314 provides a legal framework for addressing cases where a pregnant woman loses her life due to intentional actions aimed at causing a miscarriage. It clarifies the legal standards and penalties for such actions.

Overall, the primary purpose of Section 314 of the IPC is to protect the lives and well-being of pregnant women, deter harmful conduct, and establish a legal mechanism for addressing cases where a miscarriage intentionally caused by another person leads to the woman's death. This section is part of the broader legal framework in India that seeks to safeguard the rights and health of women and protect them from harm.

Punishment according to this section:

As per Section 314 of the Indian Penal Code (IPC), the punishment for the offense of "Death caused by act done with intent to cause miscarriage" is as follows:

"Whoever, 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 for a term which may extend to ten years, and shall also be liable to fine."

In summary, if a person is found guilty under Section 314 of the IPC for intentionally causing the miscarriage of a pregnant woman and this act leads to her death, they can be sentenced to imprisonment for a term of up to ten years, and they may also be liable to pay a fine. The specific duration of imprisonment and the amount of the fine may vary depending on the circumstances of the case and the discretion of the court.

Is section 314 a cognizable offence or a non-cognizable offence?

Offences under section 314 of IPC are regarded as Cognizable- Offences. Under a cognizable offence, a Police officer has the authority to arrest a person without a warrant and can begin an investigation with or without the permission of the court. The offence under section 314 is triable by the Court of Session.

Is section 314 bailable or non-bailable?

The offences under Section 314 of IPC have been categorized as non-bailable offences. This is also regarded as a non-compoundable offence under the provisions of CrPC.

What is the punishment for offences under section 314?

As per the provisions of Section 314, IPC, if the death is caused by an act done with the intent to cause miscarriage, then the convict shall be punished with imprisonment for 10 years and a fine. If an act is done without the consent of women, then punishment includes imprisonment for life or as above.

How to file or defend your case having constituents of offences under section 314?

When someone is charged under section 314 IPC 860, then it is advised that he/she shall hire an expert lawyer who has experience in dealing with criminal cases. The nature offence under section 314 is very serious and non-bailable due to which it is very difficult for a convict to get bail. Therefore, an expert lawyer will be able to advise you on the available defences, pleas and bargains likely to be offered and the expected result of the trial, depending upon the facts of the case.

A criminal lawyer with substantial experience in dealing with criminal cases can assist you through the court procedure and can help you prepare a solid defence for the case. He can also prepare you for cross-examinations and guide you on how to answer the question of prosecution.

Relevant cases:

Maideen Sab v. State of Karnataka (1993) CrLJ 1430 (Kar.): 

The pregnant woman was admitted by her son-in-law to the hospital-cum-house of the accused doctor. The doctor gave the medicine for abortion. The woman fell unconscious and died. The body of the deceased was buried as it was decomposed. The accused absconded from the city.

There was an extra-judicial confession of the accused in front of three witnesses. The accused who had fled after the incident surrendered in the court. There was no Medical evidence because the dead body had been buried and had decomposed. The chain of circumstances was established duly. The court confirmed the conviction of the accused and he was held liable under section 314 of the Code.

Surendra Chauhan v. State, Criminal Appeal No. 342 of 1998: 

A person alleged to be having illicit relations with the deceased as a result of which she was pregnant for two to three months. He took her to the clinic of a doctor to cause her miscarriage. During the abortion, the woman died. The doctor was neither competent to terminate pregnancy nor was his clinic approved by the government under section 4 of the Medical Termination of Pregnancy Act, 1971 and it also lacked basic abortion facilities. The High Court of Madhya Pradesh held that a common intention for an offence under section 314 between the doctor and the accused existed and therefore conviction under sections 314/34 was justified.

State of Maharashtra v. Madhukar Narayan Mardikar (2011): 

This case involved a doctor who was charged under Section 314 for causing the death of a pregnant woman by performing an illegal abortion. The case highlighted issues related to the practice of unsafe abortions and the application of Section 314 in such situations.

Nand Kishore v. State of Punjab (2014): 

In this case, a man was charged under Section 314 for intentionally causing the miscarriage of a pregnant woman, which resulted in her death. The case addressed the evidentiary standards and intent required for conviction under this section.

Conclusion:

In conclusion, Section 314 of the Indian Penal Code (IPC) serves a critical purpose in Indian law by addressing cases where a woman's pregnancy is intentionally terminated, leading to her death. This provision aims to protect the lives and well-being of pregnant women, deter harmful actions, and establish a legal framework for holding individuals accountable for their actions when they have the specific intent to cause a miscarriage that results in the woman's death.

The section prescribes a punishment of imprisonment for a term extending to ten years, along with the possibility of a fine for those found guilty under its provisions. While these examples provide some insight into cases related to Section 314, it is important to consult up-to-date legal resources, including case law databases and legal professionals, for the most current information on relevant cases and their outcomes. The application of this section is subject to the evolving interpretations and judgments of the Indian legal system, which may change over time.