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IPC 313

IPC Section 313 – Causing Miscarriage Without Woman's Consent | Bail, FIR & Free Legal Consultation
Section 313 · Indian Penal Code

IPC Section 313 – Causing Miscarriage Without Woman's Consent

Section 313 of the Indian Penal Code punishes causing a miscarriage to a woman without her consent — an aggravated form of the offence defined under Section 312. Because the woman's own will is disregarded entirely, this section carries a significantly harsher punishment than ordinary miscarriage under Section 312, and unlike that section, the stage of pregnancy (whether the woman is merely "with child" or further along, "quick with child") makes no difference to the punishment.

Punishment: Life Imprisonment or up to 10 years + Fine
Cognizable: Yes
Bailable: No
Compoundable: No
BNS 2023 equivalent: Section 89
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Quick Answer: What Does Section 313 Mean?

In simple terms, Section 313 applies whenever a person causes a woman to miscarry without her consent — whether she was simply pregnant, or further along and "quick with child," makes no difference to the punishment under this section, unlike ordinary miscarriage under Section 312. Because the woman's autonomy is completely disregarded, the law treats this as a serious offence against her bodily integrity, carrying punishment up to life imprisonment. It is important to distinguish this from lawful medical termination of pregnancy carried out with the woman's consent under the Medical Termination of Pregnancy Act, 1971, which is not an offence at all.

Applies whenever miscarriage is caused entirely without the woman's consent
The stage of pregnancy does not affect the punishment, unlike under Section 312
Punishable with life imprisonment, or rigorous imprisonment up to 10 years, plus fine
Cognizable and non-bailable, exclusively triable by the Court of Session

What is IPC Section 313?

IPC Section 313 punishes the offence defined under Section 312 (voluntarily causing a woman with child to miscarry) where that act is committed without the consent of the woman — regardless of whether she is merely "with child" (pregnant) or further along, "quick with child" (a stage at which the movement of the fetus can be felt). While Section 312 distinguishes between these two stages for the purpose of punishment, Section 313 applies the same, higher punishment regardless of the stage of pregnancy, since the absence of consent is treated as the decisive aggravating factor.

Section 313 sits within Chapter XVI of the IPC ("Of Offences Affecting the Human Body"), specifically the sub-group dealing with causing miscarriage, injuries to unborn children, exposure of infants, and concealment of births (Sections 312 to 318). It is closely linked to Section 314, which punishes death caused by an act done with intent to cause miscarriage, with an even higher punishment where that act was also done without the woman's consent. Importantly, causing a miscarriage in good faith to save the life of the woman, or under the framework of the Medical Termination of Pregnancy Act, 1971, does not attract this section, since such acts are either statutorily excepted or performed with proper consent and medical authority.

Important Update: IPC to BNS Transition

With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 313 IPC now corresponds to Section 89 of the BNS, which retains the identical definition and punishment for causing miscarriage without the woman's consent. FIRs registered before 1 July 2024 continue to be tried under IPC 313; incidents after that date are registered under the corresponding BNS provision.

Punishment Under Section 313

ImprisonmentImprisonment for life, or rigorous imprisonment up to 10 years
FineLiable to fine, in addition to imprisonment
Effect of Stage of PregnancyNo difference — same punishment whether the woman is merely with child or quick with child
Nature of OffenceCognizable — police can register an FIR and investigate/arrest without a warrant
Bailable / Non-BailableNon-Bailable — bail must be sought from the Sessions Court or higher
CompoundableNot compoundable — the case cannot be withdrawn or settled directly between the parties
Triable ByCourt of Session
Related ProvisionsSection 312 (causing miscarriage, base offence), Section 314 (death caused by act done with intent to cause miscarriage)

Key Ingredients / Essential Elements

1

Commission of the offence of causing miscarriage under Section 312

There must be a voluntary act causing a woman with child to miscarry, which is not done in good faith to save her life.

2

Absence of the woman's consent

The miscarriage must have been caused without the woman's consent — this is the specific aggravating element that distinguishes Section 313 from Section 312.

3

The stage of pregnancy is legally irrelevant to punishment

Whether the woman is merely pregnant, or has advanced to being "quick with child," does not affect the applicable punishment under this section.

4

The act must not fall within lawful exceptions

Miscarriage caused in good faith to save the woman's life, or performed lawfully with her consent under the Medical Termination of Pregnancy Act, 1971, does not attract this section.

What Should You Do — For Complainants and For the Accused

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If a Miscarriage Was Caused Without Your Consent

  1. File an FIR immediately at the nearest police station — being cognizable, the police must register the complaint and begin investigation.
  2. Seek prompt medical attention and documentation, since medical evidence is central to establishing that a miscarriage occurred and how it was caused.
  3. Provide details of the circumstances showing that you did not consent to the act, including any relevant communications or witness accounts.
📞 Talk to a Lawyer — Victim Support
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If a Complaint Is Filed Against You

  1. Since the offence is non-bailable, bail must be sought through a formal application before the Sessions Court, or anticipatory bail if arrest is apprehended.
  2. A key defence is to establish that the woman's genuine, free consent was obtained, or that the act was lawfully performed to save her life or under the Medical Termination of Pregnancy Act.
  3. Engage a criminal lawyer promptly given the serious, non-bailable nature of the charge and the Sessions Court trial.
📞 Talk to a Lawyer — Defence Support

FIR & Bail Process Under Section 313

STEP 1

Filing the FIR

Being cognizable, the police are obligated to register an FIR upon receiving information about the offence and begin investigation immediately.

STEP 2

Medical Examination & Investigation

Medical examination is conducted to confirm the miscarriage, and police investigate the circumstances to establish the absence of consent.

STEP 3

Bail

Being non-bailable, the accused must apply for regular or anticipatory bail before the Sessions Court or High Court.

STEP 4

Trial

Since the offence is triable exclusively by the Court of Session and non-compoundable, the case proceeds to a full trial before that court.

Important / Landmark Cases on Section 313

Bombay High Court

State of Maharashtra v. Flora Santuno Kutino (2007)

The Bombay High Court considered a case where the accused, who had an illicit relationship with the deceased woman and impregnated her, caused her miscarriage, resulting in her death from excessive bleeding. The High Court convicted the accused, holding that the miscarriage was not caused in good faith to save the woman's life, and set aside the trial court's acquittal.

Principle relied on: The good-faith exception under Section 312 (and by extension, the framework of Section 313) requires that the act genuinely be intended to save the woman's life; the exception cannot be invoked where the underlying motive was to escape the consequences of an illicit relationship.
Chhattisgarh High Court

Rajesh Kumar v. State of Chhattisgarh (2024)

The Chhattisgarh High Court clarified that the offence of causing miscarriage requires the expulsion of the child from the mother's womb before the completion of the period of gestation — where the fetus is full-grown, a conviction for causing miscarriage is not sustainable, though the accused may instead face liability for an attempt under Section 511.

Principle relied on: "Miscarriage," for the purposes of Sections 312–314, specifically means the premature expulsion of the fetus before viability, and the specific stage of pregnancy at which the act occurs is relevant to determining whether the offence is complete.

Frequently Asked Questions on Section 313

What exactly does IPC Section 313 punish?+
It punishes causing a woman to miscarry without her consent, with imprisonment up to life, or up to 10 years' rigorous imprisonment, plus fine.
Is Section 313 a bailable offence?+
No, it is non-bailable; bail must be sought through the Sessions Court or High Court.
Can Section 313 cases be settled directly?+
No, it is a non-compoundable offence and cannot be withdrawn privately between the parties.
What is the difference between Section 312 and Section 313?+
Section 312 applies where the miscarriage is caused with the woman's consent (though still without lawful justification); Section 313 applies where it is caused entirely without her consent, carrying a significantly higher punishment.
Does the stage of pregnancy matter under Section 313?+
No, unlike Section 312, the punishment under Section 313 is the same regardless of whether the woman is merely pregnant or "quick with child."
Does lawful medical termination of pregnancy fall under this section?+
No, a termination carried out by a registered medical practitioner with the woman's consent under the Medical Termination of Pregnancy Act, 1971 is not an offence at all.
Which court tries a Section 313 case?+
The Court of Session.
Is Section 313 often charged with other offences?+
Yes, commonly with Section 314 where the act also results in the woman's death.
What should I do if I'm falsely accused under Section 313?+
Consult a criminal lawyer immediately to apply for bail and to establish that valid consent was obtained, or that a lawful exception applies.
Is Section 313 still valid after the BNS came into force?+
IPC Section 313 continues for offences before 1 July 2024; after that, Section 89 BNS applies with the same punishment.
Disclaimer: This page is provided for general legal information and educational purposes only. It does not constitute legal advice. Please verify current provisions with a qualified advocate before taking any action.
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