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Introduction

IPC Section 315, titled “Act done with intent to prevent a child being born alive or to cause it to die after birth,” addresses the act of causing the death of a child before or after its birth. This offense is considered a grave crime against humanity and is punishable under the law.



What is IPC Section 315?

IPC Section 315 in the Indian Penal Code is about protecting babies. It deals with serious crimes that harm infants, like trying to stop a baby from being born or causing a baby to die after it’s born. This law is important because it helps keep vulnerable babies safe and holds people accountable if they hurt them.

IPC Section 315 - Protecting Infants and Child Welfare in Indian Law
IPC Section 315, safeguarding infants from harm.

Section 315 IPC

Section 315 of the Indian Penal Code (IPC) deals with the offense of causing harm to an unborn child or a child in the process of being born. It specifically addresses acts that are intended to cause injuries or harm to a child during pregnancy or childbirth. The section takes into account the intent behind the actions and distinguishes between acts that are done with malicious intent to harm the child and those that are exempted under certain circumstances, such as medical interventions done in good faith to save the life of the mother.

Section 315 of the Indian Penal Code (IPC) deals with the offense of causing harm to an unborn child or a child in the process of being born. It specifically addresses acts that are intended to cause injuries or harm to a child during pregnancy or childbirth. The section takes into account the intent behind the actions and distinguishes between acts that are done with malicious intent to harm the child and those that are exempted under certain circumstances, such as medical interventions done in good faith to save the life of the mother.
What is IPC Section 315 ?

IPC Section 315 overview :

1. Historical Context and Evolution: Enacted in 1860 during the British Raj, IPC Section 315 was a response to protect children from intentional harm. Initially addressing acts causing harm to pregnant women or newborns, it has evolved over time to encompass a broader range of offenses against children.

2. Intent and Act: The Core Elements:

  • Intent to Harm:
    • Establishment: Direct evidence, such as confessions or witness statements, plays a crucial role in establishing the intent to harm.
    • Inference: Circumstantial evidence is considered, taking into account the nature of the act, surrounding circumstances, and any attempts to conceal the harmful act.
  • Act:
    • The act manifests as physical assaults on pregnant women or newborns, administering harmful substances, or creating situations that pose a direct threat to the child.

3. Act define

Act of Causing Death: The section covers intentional acts that lead to the death of a child before or after its birth. This includes actions taken with the specific intent to prevent a child from being born alive or to cause its death after birth.

Applicability: IPC Section 315 applies to both the mother and any other person involved in the act, such as medical practitioners or individuals who assist in the commission of the offense.

Punishment: The punishment for an offense under IPC Section 315 is rigorous imprisonment for a term that may extend up to ten years, along with a fine.


315 IPC Bailable or Not?

An offense under IPC Section 315 is considered a non-bailable offense. This means that the accused cannot be released on bail as a matter of right, and the decision to grant bail lies within the discretion of the court. The court considers various factors, such as the gravity of the offense, the evidence against the accused, and the likelihood of the accused fleeing or tampering with evidence, before deciding whether to grant bail or not.


  1. With Consent:
    • Imprisonment for a maximum of ten years: The court determines the type of imprisonment, either rigorous or simple, based on the severity of the offense and the judge’s discretion.
    • Fine: In addition to imprisonment, a fine may be imposed as deemed appropriate by the court.
  2. Without Consent:
    • Imprisonment for life: Signifying the gravity of the offense and emphasizing the perpetrator’s disregard for the woman’s autonomy and safety.
    • Alternatively, imprisonment for a maximum of ten years: Providing the court flexibility in sentencing based on the specific circumstances of the case.
    • Fine: A fine may be imposed in addition to imprisonment.
IPC Section 315 - Protecting Infants and Ensuring Legal Accountability
Conceptual image depicting IPC Section 315, safeguarding infants from harm

What is importance of IPC 315 ?

Why IPC Section 315 is Important:

  1. Keeps Babies Safe: This law makes sure babies are safe before they’re born and after they’re born. It says it’s wrong to hurt babies on purpose.
  2. Makes People Be Careful: This law reminds everyone to be careful around pregnant women so they don’t hurt the baby inside them.
  3. Gets People in Trouble: If someone hurts a baby on purpose, this law says they can get in big trouble. This helps protect babies from harm.
  4. Doctors Do Good: This law helps doctors take good care of pregnant women and babies. They make sure both mom and baby stay healthy.
  5. Respecting Mom and Baby: This law shows that it’s really important to respect both moms and their babies. Everyone deserves care and respect.

What is difference between IPC Section 313 vs IPC section 314 vs IPC Section 315.

What is meanIPC Section 313IPC Section 314IPC Section 315
FocusCausing miscarriage without consentDeath caused by act with intent to cause miscarriageAct done with intent to prevent child being born alive or to cause it to die after birth
Primary OffenseMiscarriage without consentCausing miscarriage resulting in woman’s deathActs intending to harm an unborn child or cause its death during childbirth
Key ElementsVoluntary actVoluntary act– Intent to harm child – Act during pregnancy or childbirth
– Pregnancy– Intent to cause miscarriage– Medical exceptions (acts in good faith for mother’s life)
Miscarriage– Pregnancy– Punishments depend on nature of act and intent
Punishments– Imprisonment for life or up to ten years, and fine– Imprisonment for life or up to ten years, and fine, varying based on consent– Imprisonment, fine, or both, depending on nature of act and intent
Special Considerations– Imprisonment for life or up to ten years, and fine– Imprisonment for life or up to ten years, and fine, varying based on consent– Imprisonment, fine, or both, depending on nature of act and intent
Nature of Act– Focus on miscarriage– Focus on causing miscarriage leading to death– Broad, includes acts intending to harm unborn child or cause its death
Application– Lack of consent during miscarriage– Resulting in death due to miscarriage– Encompasses various acts intending harm during pregnancy or childbirth
What is difference between IPC Section 313 vs IPC section 314 vs IPC Section 315.

IPC 315 FAQs

What does IPC Section 314 entail?

What constitutes a violation under IPC Section 314?

What are the penalties for violating IPC Section 314?

Are there any exceptions or mitigating factors considered under this section?

IPC Section 314 does not specify any exceptions or mitigating circumstances. However, the court may consider factors such as the intent of the accused, the circumstances surrounding the act, and any other relevant evidence during trial proceedings.

How does IPC Section 314 contribute to safeguarding maternal health and unborn children?


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official website of the Maharashtra government’s police department for help and support.

https://www.mahapolice.gov.in/ visit the official website of the Maharashtra government for any requirements or inquiries.

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