Act done with intent to prevent child being born alive or to cause it to die after birth
Section 315 of the Indian Penal Code, 1860 deals with act done with intent to prevent child being born alive or to cause it to die after birth. Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in g 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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 before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such
act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
Section 315, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 91 Act done with intent to prevent child being born alive or to cause to die after birth Text carried over almost unchanged 100%
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 The repealed enactment still governs what happened while it was in force.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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Manoj Kumar Sharma vs State
Court's Decision & Legal Precedent
For an offence under Section 315 IPC to be complete, it is not sufficient that an act is done with the intention to prevent a child from being born alive or to cause it to die after birth; the act must actually result in the prevention of the child being born alive or the death of the child after birth. If the child is born alive despite the alleged attempt, the offence under Section 315 is not made out, but an attempt charge under Section 315 read with Section 511 IPC may be appropriate. Additionally, a threat coupled with an overt act of violence constitutes criminal intimidation under Section 506 IPC, but the charge should only apply to those persons who made the threat or committed the overt act.
On this section: The court examined the exact language of Section 315 IPC to determine that the offence requires both an act done with intent to prevent birth and the actual prevention of birth or death after birth. The court held that mere attempt without actual result does not constitute the complete offence under Section 315.
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K.biju Mon vs Govt. of Nct of Delhi
Court's Decision & Legal Precedent
When parties to a matrimonial dispute have amicably resolved their differences and obtained a divorce decree, and the complainant expresses willingness to withdraw the criminal case, it is in the interest of justice and promotes peace and harmony to quash the FIR, even under serious provisions like Section 498-A IPC.
On this section: Causing hurt by act endangering life or personal safety - co-charge in the FIR that was quashed
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 315
What have the courts held on Section 315 of the Indian Penal Code?
Manoj Kumar Sharma vs State (19 Apr 2006) is the leading judgment on this section among those set out below: The court examined the exact language of Section 315 IPC to determine that the offence requires both an act done with intent to prevent birth and the actual prevention of birth or death after birth. The court held that mere attempt without actual result does not constitute the complete offence under Section 315. Another 1 judgment on this section is set out below. They run from 2005 to 2006.
How do I find court cases under Section 315 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 315, section 315 IPC, section 315 of the Indian Penal Code. People searching for it also type ipc 315 in bns and ipc 315 punishment. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Manoj Kumar Sharma vs State (19 Apr 2006).
What should I read with Section 315 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 91 (Act done with intent to prevent child being born alive or to cause to die after birth), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 315 of the Indian Penal Code come into force?
Section 315 of the Indian Penal Code, cited as IPC 315, 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
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- 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.