Section 314 IPC: Death Caused by Act Done With Intent to Cause Miscarriage

Section 314 of the Indian Penal Code, 1860 dealt with the death of a pregnant woman caused by an act done with the intention of causing her miscarriage. This article explains the provision as it stood immediately before the Bharatiya Nyaya Sanhita, 2023 came into force.

Meaning of Section 314 IPC

Section 314 applied where a person, intending to cause the miscarriage of a woman who was pregnant, did an act and that act caused the woman's death. The section prescribed a more severe alternative where the act was done without the woman's consent.

Essential Ingredients of the Offence

For Section 314 IPC to apply, the prosecution had to establish the elements contained in the provision. In substance, these were:

1. The woman was pregnant or "with child".
2. The accused did an act with the intention of causing her miscarriage.
3. The act caused the death of the woman.
4. For the aggravated alternative, the act was done without the woman's consent.

The provision focuses on the intention to cause miscarriage and the resulting death. By virtue of the Explanation, proof that the accused knew the act was likely to cause the woman's death was not an essential ingredient of the Section 314 offence.

Punishment Under Section 314 IPC

The reference to imprisonment for life reflects the amendment made by Act 26 of 1955, which substituted that expression for the former punishment of transportation for life.

Consent Under Section 314 IPC

Consent materially affected the punishment prescribed by Section 314. Death caused by an act intended to cause miscarriage attracted imprisonment up to ten years and fine. Where that act was performed without the woman's consent, the section additionally permitted imprisonment for life.

The absence of consent should also be distinguished from Section 313 IPC, which specifically dealt with causing miscarriage without the woman's consent. Section 314 was concerned with the further consequence that the act intended to cause miscarriage caused the woman's death.

Section 312 and Section 314 IPC

Section 312 IPC dealt with voluntarily causing a woman with child to miscarry, except where the miscarriage was caused in good faith for the purpose of saving the woman's life. Section 314 addressed the graver consequence where an act done with intent to cause miscarriage resulted in the woman's death.

CrPC Classification Before BNS and BNSS

Under the First Schedule to the Code of Criminal Procedure, 1973, the offence under Section 314 IPC was classified as cognizable and non-bailable and was triable by the Court of Session. The same procedural classification applied to the aggravated form where the act was done without the woman's consent.

Related IPC Provisions

Sections 312 to 318 IPC formed a group of provisions dealing with causing miscarriage, injuries to unborn children, exposure of infants and concealment of births. Depending on the facts, closely related provisions included Section 312 for causing miscarriage, Section 313 for causing miscarriage without consent, Section 315 concerning acts intended to prevent a child being born alive or to cause it to die after birth, and Section 316 concerning death of a quick unborn child by an act amounting to culpable homicide.

Key Point

Section 314 IPC did not require proof that the accused intended to cause the woman's death. The statutory focus was an act done with the intention of causing miscarriage that in fact caused her death. The Explanation expressly provided that knowledge that the act was likely to cause death was not essential to the offence.

This article describes the central IPC and CrPC position immediately before implementation of the new criminal codes. State amendments and the facts and date of a particular case may affect the applicable legal position.