Causing miscarriage without woman's consent
Section 313 of the Indian Penal Code, 1860 deals with causing miscarriage without woman's consent. Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be lia 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.
Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 313, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 89 Causing miscarriage without woman's consent Text carried over almost unchanged 95%
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 The repealed enactment still governs what happened while it was in force.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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Ganga Bai vs State of Rajasthan
Court's Decision & Legal Precedent
When circumstantial evidence creates an unbroken chain leading to only one hypothesis of guilt, and particularly when an accused is found to possess blood-stained clothes recovered on their disclosure with no explanation provided during Section 313 IPC questioning, and when the investigation appears impartial with no suggestion of police malpractice, the conviction can be sustained based on such circumstantial evidence. Moreover, the acquittal of a co-accused charged under Section 34 IPC does not automatically entitle another co-accused to similar acquittal if there is conclusive evidence of direct involvement of that co-accused in the offence.
On this section: Examination of accused; the court noted that despite questioning under this section, the appellant provided no explanation for the presence of human blood on her clothes, which the court treated as highly incriminating
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Sanjay Kumar Jain vs State of Delhi
Court's Decision & Legal Precedent
Where a woman dies within seven years of marriage in unnatural circumstances and it is established that she was subjected to cruelty or harassment by her husband or his relatives for or in connection with demand for dowry, the husband or relative shall be deemed to have caused her death under Section 304B IPC, even if the exact manner and perpetrator of death cannot be conclusively proved through direct evidence. The prosecution must establish the three ingredients of Section 304B: (1) cruelty or harassment by husband or relatives; (2) such cruelty or harassment was for or in connection with dowry demand; (3) such cruelty or harassment was within seven years of marriage. In cases of circumstantial evidence, all circumstances must be fully proved, conclusive in nature, and form a complete chain excluding every hypothesis except guilt; however, Section 304B provides a substantive offence that does not require the same level of proof as murder under Section 302 IPC.
On this section: Statement of accused - Court noted that questions must be framed fairly to enable accused to explain circumstances against him
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Lalit Yadav vs State of U.p. Thru. Prin. Secy. Home Lko.
Court's Decision & Legal Precedent
When an accused has already been enlarged on bail in all related cases and the conditions under Section 19(4) of the U.P. Gangster and Anti Social Activities Prevention Act, 1986 are satisfied, bail should be granted in the main case as well, subject to strict conditions ensuring appearance and compliance with trial proceedings, in accordance with the principle that bail is the rule and committal to jail is the exception.
On this section: Recording of statement of accused; made mandatory bail condition
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Hasibuddin Mondal ORS vs State of West Bengal
Court's Decision & Legal Precedent
Family members cannot be prosecuted for offences under Sections 493, 376, or 313 of the IPC when the alleged sexual acts and deception are attributed solely to the principal accused and the ingredients of such crimes do not apply to the relatives.
On this section: Causing miscarriage without woman's consent.
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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 death by act amounting to culpable homicide. Court noted that part of this offence occurred under Nalbari jurisdiction.
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Ugranarain Rai vs State of Bihar
Court's Decision & Legal Precedent
Mere possession of currency notes, even if they are counterfeit, does not constitute an offence under Sections 489B and 489C IPC unless the prosecution proves beyond reasonable doubt that the accused possessed the notes with knowledge or with reason to believe that they were counterfeit. Additionally, a preliminary opinion from the Reserve Bank of India is not admissible under Section 292 Cr.P.C. to establish that currency notes are counterfeit; only the final opinion from the authorized mint at Dewas, Madhya Pradesh is admissible for this purpose. The burden of proof lies on the prosecution to establish each and every ingredient of the offence through admissible evidence, and circumstantial evidence or preliminary expert opinions are insufficient to sustain a conviction for counterfeiting offences.
On this section: Statement of accused - appellant's statement denying knowledge of counterfeit nature and claiming innocent receipt of notes from unknown person
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… J U D G M E N T Criminal Appeal No.405/2014 is filed by the State against the judgment and order of acquittal dated 22.7.2013 passed by the II Additional Sessions Judge, Mysore (hereinafter referred to as 'Trial Court') in S.C. No.87/2010 acquitting the accused for the offences punishable under Sections 376, 506 and 313 of the Indian Penal Code (hereinafter referred to as 'IPC' for the sake of brevity). 2. Criminal Appeal No.786/2013 is filed by the accused against the judgment of conviction and order of sentence dated 22/24.07.2013 passed by the trial Court in S.C. No.87/2010 convicting the accused for the offence punishable …
Questions about Section 313
What have the courts held on Section 313 of the Indian Penal Code?
Ganga Bai vs State of Rajasthan (30 Sep 2015) is the leading judgment on this section among those set out below: Examination of accused; the court noted that despite questioning under this section, the appellant provided no explanation for the presence of human blood on her clothes, which the court treated as highly incriminating. Another 5 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2010 to 2025.
How do I find court cases under Section 313 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 313, section 313 IPC, section 313 of the Indian Penal Code. People searching for it also type ipc 313 in bns and ipc 313 punishment. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 6 reported judgments on this section are set out on this page, beginning with Ganga Bai vs State of Rajasthan (30 Sep 2015).
What should I read with Section 313 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 89 (Causing miscarriage without woman's consent), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 313 of the Indian Penal Code come into force?
Section 313 of the Indian Penal Code, cited as IPC 313, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
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.