Death caused by act done with intent to cause miscarriage
Section 314 of the Indian Penal Code, 1860 deals with death caused by act done with intent to cause miscarriage. Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine;
if act done without woman's consent.
if act done without woman's consent.--and if the act is done without the consent of the woman, shall be punished either with [imprisonment for life], or with the punishment above mentioned.
Explanation.-It is not essential to this offence that the offender should know that the act is likely to cause death.
Section 314, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 90 Death caused by act done with intent to cause miscarriage 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 The repealed enactment still governs what happened while it was in force.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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Vijay Laxmi vs State
Court's Decision & Legal Precedent
In cases involving death caused during an illegal abortion performed by an unqualified practitioner, conviction under Section 314 IPC can be sustained on the basis of circumstantial evidence comprising: (1) the running of a clinic by the accused; (2) credible testimony of the husband regarding the six-month pregnancy and bringing the wife for abortion; (3) post-mortem evidence establishing that injuries were caused during an attempt to evacuate the contents of gestation; and (4) the false explanation by the accused during examination under Section 313 CrPC. The age or exact period of gestation of the fetus is not essential for the applicability of Section 314 IPC. Minor procedural contradictions in police investigation and the absence of seized surgical equipment do not negate the prosecution case when the core facts are established through credible witness testimony and medical evidence.
On this section: Whoever with an intent to cause miscarriage of a woman with child does an act which causes the death of such woman. Applied to convict the appellant for performing an illegal abortion that resulted in the death of the pregnant woman. The court clarified that the age of fetus or gestation period is not essential for applicability of this section.
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 314
What have the courts held on Section 314 of the Indian Penal Code?
Vijay Laxmi vs State (28 Feb 2011) is the leading judgment on this section among those set out below: Whoever with an intent to cause miscarriage of a woman with child does an act which causes the death of such woman. Applied to convict the appellant for performing an illegal abortion that resulted in the death of the pregnant woman. The court clarified that the age of fetus or gestation period is not essential for applicability of this section.
How do I find court cases under Section 314 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 314, section 314 IPC, section 314 of the Indian Penal Code. People searching for it also type ipc 314 in bns and ipc 314 deals with. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Vijay Laxmi vs State (28 Feb 2011).
What should I read with Section 314 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 90 (Death caused by act done with intent to cause miscarriage), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 314 of the Indian Penal Code come into force?
Section 314 of the Indian Penal Code, cited as IPC 314, 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.