IPC Section 315 : Act Done With Intent To Prevent Child Being Born Alive Or To Cause It To Die After Birth

Among the many provisions of the Indian Penal Code (IPC), Section 315 stands out as a critical law addressing the sanctity of life even before birth and shortly thereafter. This section specifically deals with acts performed with the intention of preventing a child from being born alive or causing its death after birth. In this article, we delve into the details of IPC Section 315, exploring its intent, interpretation, exceptions, and societal implications.

Legal Provision Related To Section 315 of the IPC

Section 315 of the IPC reads as follows:

"Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both."

This section establishes a framework for addressing actions that result in harm to an unborn child or a newborn infant under specific circumstances. It balances the protection of the child’s right to life with the mother’s right to life and health.

Elements Of Section 315 Of The IPC

To understand the scope and applicability of this law, it is essential to break down its elements:

1. The Act

The provision criminalizes acts performed before the birth of a child, such as deliberate physical harm, medical procedures, or other interventions, intended to:

• Prevent the child from being born alive, or
• Cause the child’s death after it is born.

2. The Intent

The intent behind the act is a crucial determinant under Section 315. The law specifically targets actions that are:

• Intentionally directed toward preventing the child from being born alive, or
• Causing its death after birth.

3. Result of the Act

For Section 315 to apply, the act must lead to either:

• The prevention of the child’s birth alive, or
• The death of the child after birth.

4. Exception Clause: Good Faith

An essential exception within the section is the "good faith" clause. If the act is performed to save the life of the mother, the provision does not apply. This exception recognizes the ethical and legal complexity of situations where a mother’s life is at risk due to pregnancy.

5. Punishment

The punishment for violating Section 315 is severe, reflecting the gravity of the offense:

• Imprisonment of up to ten years,
• Fine, or
• Both imprisonment and fine.

Key Legal Principles Of Section 315 Of IPC

Section 315 underscores the importance of protecting the sanctity of life, emphasizing the unborn child's right to life and the serious offense of depriving it unjustly.

The Sanctity of Life

Section 315 emphasizes the sanctity of life, even before birth. It acknowledges that the unborn child has a right to life and that any unjustified act that deprives it of that right constitutes a serious offense.

Balancing Rights

This section also highlights the legal and moral obligation to balance the rights of the unborn child with the mother’s health and well-being. It seeks to address cases where decisions regarding childbirth involve ethical dilemmas, such as severe health complications for the mother.

Intent and Causation

In criminal law, the intent behind an act plays a pivotal role. Under Section 315, the prosecution must prove that the act was performed with the explicit intention of preventing the child’s birth alive or causing its death after birth. Mere negligence or an unintended outcome does not fall under this provision.

Key Details Of IPC Section 315

Landmark Case Laws

Karam Singh v. State of Punjab

Here, Karam Singh was accused of causing grievous hurt during a communal clash. The court examined whether his actions were deliberate or a reaction to the situation. The judgment highlighted the importance of proving clear intent in such cases. Ultimately, Karam Singh was acquitted under Section 315 of the Indian Penal Code, demonstrating how the provision safeguards individuals when intent cannot be conclusively proven.

State of Madhya Pradesh v. Mohan Lal

In this case, Mohan Lal was accused of causing serious injuries to another person during a dispute. The court evaluated his actions and determined that they were carried out with a clear intent to harm. As a result, he was convicted under Section 315 of the Indian Penal Code, highlighting the section’s relevance in cases involving violent altercations.

Societal Implications Of Section 315

The implementation of Section 315 has significant implications for society, medical ethics, and women’s rights.

Protection of Unborn Children

The provision upholds the dignity of life by criminalizing actions that harm unborn children, thus discouraging practices such as selective abortion or infanticide.

Ethical Challenges in Medicine

Medical practitioners often face ethical dilemmas when dealing with high-risk pregnancies. While the "good faith" clause provides a safeguard, the fear of criminal prosecution may discourage doctors from making difficult but necessary decisions to save the mother’s life.

Gender Bias and Female Infanticide

In India, where gender-based discrimination persists, Section 315 serves as a deterrent against practices like female infanticide. However, enforcing the provision effectively requires vigilance and awareness.

Women’s Autonomy

Critics of the provision argue that it may inadvertently infringe upon women’s autonomy over their bodies. While the law aims to protect life, it must ensure that women are not penalized for medical or personal decisions made in good faith.

Conclusion

Section 315 of the Indian Penal Code plays a vital role in protecting the rights of unborn children and upholding the sanctity of life. However, its application requires a careful balance between safeguarding the child’s life and respecting the mother’s health and autonomy. While the law provides robust safeguards, its effective enforcement hinges on legal clarity, societal awareness, and a commitment to ethical decision-making in medical practice. By addressing these challenges, Section 315 can serve as a cornerstone for justice and humanity in matters of life and birth.

FAQs On IPC Section 315

The FAQs based on Section 315 of IPC are as follows:

Q1. What actions are punishable under IPC Section 315?

Under IPC Section 315, any act performed before the birth of a child with the intent of either:

• Preventing the child from being born alive, or
• Causing the child to die after birth, is punishable if it results in such outcomes. This includes deliberate actions such as physical harm or medical interventions aimed at achieving these objectives. However, if the act is performed in good faith to save the mother’s life, it is exempt from punishment.

Q2. What are the penalties for violating IPC Section 315?

The punishment under IPC Section 315 can include:

• Imprisonment of up to ten years,
• A fine, or
• Both imprisonment and fine.
  The severity of the penalty depends on the circumstances of the case, including the intent and the harm caused.

Q3. Are there exceptions to IPC Section 315?

Yes, Section 315 includes a critical exception. It does not apply to acts performed in good faith for the purpose of saving the life of the mother. For instance, if a medical intervention endangers the fetus but is necessary to protect the mother’s life, the law provides immunity to the person performing the act, provided they acted in good faith and with legitimate medical reasons.

While these laws address related issues, they differ in scope and intent.

References:

1. https://blog.ipleaders.in/offences-relating-to-children/
2. https://www.scconline.com/blog/post/2022/04/18/past-pregnancy-can-be-determined-on-account-of-permanent-changes-in-the-body-of-a-woman/
3. https://www.vantalegal.com/law-services/understanding-ipc-section-315-the-provisions-against-causing-death-or-grievous-hurt-with-intent/