Section Overview
Section Number:
IPC Section 315
Section Title:
Act Done with Intent to Prevent Child Being Born Alive or to Cause It to Die After Birth
Act:
Indian Penal Code, 1860 (IPC)
Status:
Substantially retained under Bharatiya Nyaya Sanhita (BNS), 2023 with corresponding provisions relating to offences against unborn child and neonatal protection.
Applicability:
IPC Section 315 applies when:
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A person performs an act during pregnancy or childbirth;
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The intention is to prevent a child from being born alive; OR
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The intention is to cause the child to die after birth;
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The child is either unborn or newly born.
This section protects the life of the child from conception to birth.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 315 ka simple matlab hai ki agar koi vyakti jaanbujhkar aisa act karta hai jisse baccha zinda paida na ho ya paida hone ke baad mar jaye, to wo crime hai.
Simple words mein:
"Bacche ko paida hone se rokna ya paida hote hi maar dena illegal hai."
Legal Definition (Original Law Text)
IPC Section 315 states:
Whoever does any act with intent to prevent a child being born alive or to cause it to die after birth shall be punished, unless the act is done in good faith to save the life of the mother.
Practical Interpretation
Courts examine:
Intention
Whether the accused intended to prevent live birth or cause death after birth.
Act During Pregnancy or Birth
The act must occur during pregnancy or childbirth process.
Causation
The act must have direct impact on the child’s survival.
Outcome
Child is prevented from being born alive OR dies after birth.
Good Faith Exception
If the act is done:
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To save the life of the mother;
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In medical emergency;
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With reasonable medical justification;
then it may not amount to offence.
Why IPC Section 315 Was Introduced?
The legislature intended to:
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Protect unborn children;
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Prevent infanticide and harmful prenatal acts;
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Safeguard maternal and fetal health;
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Criminalize intentional harm during pregnancy.
Importance of the Provision
IPC Section 315:
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Protects fetal and neonatal life;
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Prevents deliberate harm during childbirth;
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Ensures accountability for violent prenatal conduct;
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Strengthens reproductive and child protection laws.
Difference Between IPC Sections 312, 314, and 315
IPC Section 312
Causing miscarriage.
IPC Section 314
Causing death of woman during miscarriage attempt.
IPC Section 315
Preventing child from being born alive or causing death after birth.
👉 Section 315 focuses on the child, not just the mother.
Punishment & Legal Classification
Punishment
IPC Section 315 provides:
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Imprisonment up to 10 years; and
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Fine.
In serious cases involving additional harm, punishment may be enhanced under related provisions.
Bailable / Non-Bailable
Non-Bailable.
Cognizable / Non-Cognizable
Cognizable.
Compoundable
Non-Compoundable.
Triable By
Court of Session.
IPC ↔ BNS Mapping
IPC Section
IPC Section 315
BNS Equivalent
Corresponding provisions under BNS relate to:
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Offences against unborn child;
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Neonatal protection;
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Harmful acts during pregnancy or childbirth.
Status
Concept retained with updated child protection framework.
Real-Life Examples
Example 1: Harm During Delivery
A person deliberately interferes with delivery process causing child to die before birth.
Section 315 may apply.
Example 2: Intentional Harm to Newborn
A person intentionally causes injury to a newborn resulting in death shortly after birth.
Section 315 may be attracted.
Example 3: Forced Dangerous Procedures
A harmful act is performed during pregnancy intending to prevent live birth.
IPC Section 315 becomes applicable.
Landmark Judgments
Case Name:
State v. Child Protection Matters Cases
Court:
Indian Courts
Key Takeaway:
Courts emphasize intention and direct causation in offences involving unborn children.
Case Name:
Reproductive and Child Rights Jurisprudence Cases
Court:
Supreme Court of India
Key Takeaway:
Protection of fetal and neonatal life is a recognized legal principle.
Case Name:
Medical Emergency Exception Cases
Court:
Various High Courts
Key Takeaway:
Good faith medical necessity can exclude criminal liability.
Legal Insights
When Is This Section Applied?
IPC Section 315 is applied when:
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Intentional harm is caused during pregnancy or childbirth;
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Child is prevented from being born alive;
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Child dies after birth due to intentional act;
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No lawful medical justification exists.
Common Misuse Scenarios
Medical Complications Misinterpreted
Natural complications wrongly attributed to criminal intent.
Lack of Evidence of Intent
Accidental outcomes misinterpreted as intentional harm.
Emergency Medical Procedures
Lawful medical actions misunderstood as offences.
False Allegations in Family Disputes
Conflicts leading to exaggerated criminal claims.
Defenses Available
Good Faith Medical Action
Act done to save mother’s life.
Absence of Intent
No intention to harm child.
Natural Causes
Death occurred due to natural medical complications.
Lack of Causation
No direct link between accused act and outcome.