IPC Section 316: Causing death of quick unborn child by act amounting to culpable homicide

Indian Penal Code, 1860 · Chapter 16: Offences affecting the Human Body

Repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS).

Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Illustration

A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die, but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section.

CLASSIFICATION OF OFFENCE

Punishment-Imprisonment for 10 years and fine-Cognizable-Non-bailable-Triable by Court of Session-Non-compoundable.

Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.

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