In our country, a mother is given the utmost respect due to her sacrifice for the family, children, husband and at the same time managing all other works with love and care. When a woman becomes a mother, she experiences an eternal love and it is the best moment for her. But giving consent for abortion is itself a difficult task and if she cause miscarry then is it liable for punishment or anyone else is laible for the punishment?
Section 312 of Indian Penal Code
Section 312 of the Indian Penal Code states that if a person causes miscarriage of a woman with child but doesn’t acted for saving the life of woman then he shall be punishable.
The punishment is also given when a person miscarries a child when his motion is felt by the mother. However the punishment is different in both the cases.
The woman herself will be punishable if she herself cause miscarriage.
When a person causes miscarriage without good faith under Section 312 of Indian Penal Code – he shall be punished for a term which may extend to three years or fine or both
While, when a person miscarry a child when his motion was felt by the mother then he shall be punishable for a term which may extend to seven years along with fine.
Punishment for Abetment & attempt to commit the offence of miscarriage
If a person aids and instigates a miscarriage the he shall be punished under Section 312 of Indian Penal Code read with Section 109 of Indian Penal Code which talks about abetment through instigation, conspiracy and intentional aids.
While if a person attempts to commit miscarriage then he shall be laible under section 312 read with section 511 of Indian Penal code.
Sharif v. State of Orissa, 1996 Cr LJ 2826 (Ori)
In this case, Orissa High court if the girl herself gives consent due to social stigma then no one can be held liable for causing miscarriage.