Indian Penal Code, 1860
Section 312
repealedCausing miscarriage
Whoever voluntarily causes a woman with child to miscarry, shall if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Why this exists
This section was designed to punish illegal abortions performed without a valid medical justification, at a time before India had a comprehensive law regulating legal abortion. It works alongside the Medical Termination of Pregnancy Act, 1971, which sets out when abortions are legally permitted; abortions outside those legal conditions can attract punishment under this section. Under the Bharatiya Nyaya Sanhita, 2023, this offence is now covered under Section 88.
How courts read it
Courts have consistently held that 'good faith' under this section requires an honest and reasonable belief that the procedure was necessary to save the woman's life, and that the exception does not cover abortions performed for other reasons, such as sex-selection or convenience, without medical necessity.
Common misconceptions
- Myth: All abortions are illegal under this section.
Fact: This section only punishes abortions done without a genuine, good-faith medical reason to save the woman's life; legal abortions under the Medical Termination of Pregnancy Act are not covered by this offence.