What is IPC Section 315?
IPC Section 315 sits in Chapter XVI of the Indian Penal Code, within the sub-group of provisions "Of the Causing of Miscarriage, of Injuries to Unborn Children, of the Exposure of Infants, and of the Concealment of Births" (Sections 312–318). While Sections 312–314 deal with miscarriage — the deliberate termination of a pregnancy earlier in its course — and Section 316 deals with an act amounting to culpable homicide that instead kills a "quick" unborn child, Section 315 addresses a distinct and specific moment: the point of delivery itself, where an act is done with the specific intent to prevent the child being born alive, or to cause its death immediately after birth.
This provision is sometimes discussed alongside historical infanticide and modern sex-selective practices, though its scope is not limited to any particular motive — it applies to any act done with the required intent, regardless of the underlying reason. The good-faith exception for saving the mother's life reflects a long-standing recognition in Indian law that genuine medical emergencies during childbirth can require difficult decisions, and the law does not criminalise a doctor or attendant who acts purely to protect the mother's life in such circumstances.
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With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date.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 315 IPC now corresponds to Section 91 of the BNS, which retains the same substantive scope, punishment, and good-faith exception.
Legal Provision — Text of Section 315 IPC
This provision must be read together with Section 312 (causing miscarriage), Section 313 (causing miscarriage without the woman's consent), Section 314 (death caused by an act intended to cause miscarriage), and Section 316 (an act amounting to culpable homicide that instead causes the death of a quick unborn child) — together forming the Code's comprehensive framework addressing harm to a pregnancy at its various stages, right through to the point of delivery itself.
Punishment Under Section 315
| Punishment | Imprisonment of either description up to 10 years, or fine, or both |
|---|---|
| Nature of Offence | Cognizable — police can register an FIR and investigate/arrest without prior court order |
| Bailable / Non-Bailable | Non-bailable — bail is not a matter of right and must be applied for before the court |
| Compoundable | Non-compoundable |
| Triable By | Court of Session |
Given the medical context in which this offence typically arises, cases under Section 315 frequently involve detailed medical evidence, expert testimony, and careful examination of whether the good-faith exception for saving the mother's life genuinely applies to the specific circumstances of the delivery.
Key Ingredients / Essential Elements
An act done before the birth of the child
The accused must have done the act in question before the child was actually born — reflecting the specific timing this section targets, around the moment of delivery.
Intention to prevent live birth or cause death after birth
The accused must have acted with the specific intention of either preventing the child from being born alive, or causing it to die after its birth.
The act must actually achieve one of these outcomes
The act must have actually resulted in the child not being born alive, or dying after its birth — the offence requires this outcome, not merely the attempt.
The good-faith exception
Where the act was genuinely done in good faith for the purpose of saving the mother's life, the section does not apply at all.
What Should You Do — For Families and For the Accused
If a Family Member Believes This Offence Has Occurred
- Obtain and preserve all medical records relating to the delivery, including notes made by attending doctors, nurses, or midwives at the time.
- Seek an independent medical opinion on the circumstances of the delivery and the cause of the outcome, where possible.
- File an FIR promptly, since the offence is cognizable.
- Engage a criminal lawyer experienced in medical evidence to help navigate the complex expert testimony these cases typically involve.
If You Are Accused Under Section 315
- Consult a criminal lawyer immediately, given the offence is non-bailable and carries a significant maximum sentence.
- Gather all medical records, delivery notes, and contemporaneous documentation supporting a genuine good-faith effort to save the mother's life, if applicable.
- Apply for anticipatory or regular bail through the Sessions Court, since bail is not automatic.
- If you are a medical professional, work closely with your lawyer and medical defence organisation to present the clinical context of the delivery.
How Section 315 Relates to Neighbouring Provisions
- Section 312 punishes causing a miscarriage during pregnancy.
- Section 313 punishes causing a miscarriage without the woman's consent.
- Section 314 punishes causing the death of the mother by an act intended to cause miscarriage.
- Section 315 (this section) punishes an act done at the point of delivery, intended to prevent live birth or cause death after birth.
- Section 316 punishes an act that would amount to culpable homicide, which instead causes the death of a "quick" unborn child, typically through violence against the pregnant mother.
Together, these provisions form a comprehensive timeline of protection — from the earlier stages of pregnancy (Sections 312–314), through the critical moment of delivery (Section 315), to violence-related harm to an advanced pregnancy (Section 316) — reflecting the Code's layered approach to protecting a pregnancy at its different stages.