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With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date.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.
Legal Provision — Text of Section 313 IPC
Section 312, referenced here, defines the underlying offence: "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 liable, with an enhanced punishment where the woman is quick with child. Section 313 removes this distinction where the miscarriage was caused without the woman's consent, and directly applies the highest tier of punishment.
Punishment Under Section 313
| Imprisonment | Imprisonment for life, or rigorous imprisonment up to 10 years |
|---|---|
| Fine | Liable to fine, in addition to imprisonment |
| Effect of Stage of Pregnancy | No difference — same punishment whether the woman is merely with child or quick with child |
| Nature of Offence | Cognizable — police can register an FIR and investigate/arrest without a warrant |
| Bailable / Non-Bailable | Non-Bailable — bail must be sought from the Sessions Court or higher |
| Compoundable | Not compoundable — the case cannot be withdrawn or settled directly between the parties |
| Triable By | Court of Session |
| Related Provisions | Section 312 (causing miscarriage, base offence), Section 314 (death caused by act done with intent to cause miscarriage) |
Key Ingredients / Essential Elements
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.
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.
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.
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
If a Miscarriage Was Caused Without Your Consent
- File an FIR immediately at the nearest police station — being cognizable, the police must register the complaint and begin investigation.
- Seek prompt medical attention and documentation, since medical evidence is central to establishing that a miscarriage occurred and how it was caused.
- Provide details of the circumstances showing that you did not consent to the act, including any relevant communications or witness accounts.
If a Complaint Is Filed Against You
- 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.
- 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.
- Engage a criminal lawyer promptly given the serious, non-bailable nature of the charge and the Sessions Court trial.
FIR & Bail Process Under Section 313
Filing the FIR
Being cognizable, the police are obligated to register an FIR upon receiving information about the offence and begin investigation immediately.
Medical Examination & Investigation
Medical examination is conducted to confirm the miscarriage, and police investigate the circumstances to establish the absence of consent.
Bail
Being non-bailable, the accused must apply for regular or anticipatory bail before the Sessions Court or High Court.
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
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.
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.