Indian Penal Code, 1860
Section 315
repealedAct done with intent to prevent child being born alive or to cause it to die after birth
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.
Why this exists
This section addresses acts targeting an unborn child close to birth, distinct from earlier miscarriage-related sections, protecting the life of a fetus that is viable and close to being born. It reflects the law's concern with harmful acts, such as feticide near term, done to prevent a live birth outside the narrow exception of protecting the mother's life. Under the Bharatiya Nyaya Sanhita, 2023, this offence is now covered under Section 91.
Common misconceptions
- Myth: This section is the same as the miscarriage provisions in Sections 312 and 313.
Fact: This section specifically targets acts close to the time of birth aimed at preventing a live birth or causing death right after birth, distinct from earlier-stage miscarriage offences.