Causing miscarriage
Section 312 of the Indian Penal Code, 1860 deals with causing miscarriage. Causing miscarraige.--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 punished with imprisonment of either description for a term which may extend to three years, or with fine, or wit The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Causing miscarraige.--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 punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Explanation.-A woman who causes herself to miscarry, is within the meaning of this section.
Section 312, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 88 Causing miscarriage Text carried over almost unchanged 96%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Xxx vs In Re- State of Assam
Court's Decision & Legal Precedent
When a criminal offence is continuing in nature, initiated in one jurisdiction with consequences ensuing in that same jurisdiction, and parts of the offence (including the consequences) occur within that jurisdiction, the court having jurisdiction over that area where the offence was initiated and consequences ensued has the authority to conduct the trial, even if part of the criminal acts occurred in a different jurisdiction. This principle applies under Sections 178 and 179 of the Criminal Procedure Code, 1973, and the trial court need not be changed merely because some acts constituting the offence occurred in a different territorial jurisdiction.
On this section: Offence of causing miscarriage. Court noted that part of this offence occurred under Nalbari jurisdiction where the pregnancy was terminated.
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State Inspector of Police, Repalle Ps vs Pallapati Nissi Kumar Alias Boyaz
Court's Decision & Legal Precedent
In cases relating to rape, the victim's evidence is crucial and significant. In the absence of credible testimony from the victim corroborating the allegations of sexual assault, the prosecution cannot prove the charge of rape beyond reasonable doubt, even if other circumstantial or medical evidence is available. The burden of proof lies on the prosecution to establish guilt beyond reasonable doubt, and when the victim turns hostile and denies the allegations, the prosecution's case fails for lack of essential evidence.
On this section: Causing miscarriage; requires proof of voluntary act causing miscarriage not in good faith for saving life of woman
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Virendra Kumar vs State of Rajasthan through Pp
Court's Decision & Legal Precedent
When a petitioner seeking anticipatory bail demonstrates willingness to cooperate with investigation authorities by joining the investigation as directed by the court, and complies with interim bail conditions, the court may convert interim bail into absolute bail without expressing opinion on the merits of the case.
On this section: Causing miscarriage - charge against petitioner
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 312
What have the courts held on Section 312 of the Indian Penal Code?
Xxx vs In Re- State of Assam (21 Dec 2022) is the leading judgment on this section among those set out below: Offence of causing miscarriage. Court noted that part of this offence occurred under Nalbari jurisdiction where the pregnancy was terminated. Another 2 judgments on this section are set out below. They run from 2016 to 2025.
How do I find court cases under Section 312 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 312, section 312 IPC, section 312 of the Indian Penal Code. People searching for it also type ipc 312 to 316 in bns and ipc 312 to 316. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Xxx vs In Re- State of Assam (21 Dec 2022).
What should I read with Section 312 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 88 (Causing miscarriage), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 312 of the Indian Penal Code come into force?
Section 312 of the Indian Penal Code, cited as IPC 312, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.