Indian Penal Code, 1860
Section 316
repealedCausing death of quick unborn child by act amounting to culpable homicide-
Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Why this exists
This section fills a gap for situations where violence directed at a pregnant woman, without specific intent to harm the fetus, results in the death of an advanced, 'quick' unborn child, treating this as a serious offence comparable to causing death recklessly or with dangerous intent. It recognizes the loss of a nearly-formed human life resulting from broader violent or reckless conduct, distinct from deliberate feticide covered in other sections. Under the Bharatiya Nyaya Sanhita, 2023, this offence is now covered under Section 92.
Common misconceptions
- Myth: This section requires proof that the person specifically intended to harm the fetus.
Fact: It applies based on the intention or knowledge behind the underlying violent act toward the woman, not a specific intent to kill the unborn child.