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This research proposal examines offenses relating to causing miscarriage under Sections 312 to 318 of the Indian Penal Code. The researcher aims to study how feasible miscarriage-related laws are in India through a doctrinal analysis of related laws, cases, and commentaries. The proposal outlines the objective to analyze whether these laws can bring positive changes. It presents a tentative chapterization covering introduction, injuries to unborn children, laws prohibiting miscarriage, death resulting from miscarriage, case law studies, and conclusions with suggestions. The conclusion discusses that current Indian law only permits abortion in certain qualified circumstances as stipulated by the Medical Termination of Pregnancy Act but amendments were made to prevent sex-selective abortions.

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214 views4 pages

IPC Project PDF

This research proposal examines offenses relating to causing miscarriage under Sections 312 to 318 of the Indian Penal Code. The researcher aims to study how feasible miscarriage-related laws are in India through a doctrinal analysis of related laws, cases, and commentaries. The proposal outlines the objective to analyze whether these laws can bring positive changes. It presents a tentative chapterization covering introduction, injuries to unborn children, laws prohibiting miscarriage, death resulting from miscarriage, case law studies, and conclusions with suggestions. The conclusion discusses that current Indian law only permits abortion in certain qualified circumstances as stipulated by the Medical Termination of Pregnancy Act but amendments were made to prevent sex-selective abortions.

Uploaded by

AYUSH
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OFFENCES RELATING TO CAUSING MISCARRIAGE – A CRITICAL

STUDY

A RESEARCH PROPOSAL SUBMITTED IN PARTIAL FULFILMENT OF THE COURSE


CRIMINAL LAW – 1 FOR THE REQUIREMENT OF DEGREE B.A.L.L.B HONS FOR
ACADEMIC SESSION 2019- 20

SUBMITTED BY: - SUBMITTED TO:-


Mukesh Kumar Yadav DR. FR PETER LADIES F
ROLL NO: 1940
SEMESTER: THIRD
SESSION- 2018-2023

August 2019

CHANAKYA NATIONAL LAW UNIVERSITY


NAYAYA NAGAR, MITHAPUR, PATNA – 800001
INTRODUCTION

Miscarriage means the premature expulsion of the child or foetus from the mother’s womb at any
period of pregnancy before the term of gestation is completed.

Sections from 312 to 318 of Chapter-XVI in the Indian Penal Code, 1860 explain the provisions
about “Offences of the causing of Miscarriage, of Injuries to Unborn Children of the Exposure of
Infants, and of the Concealment of Births”. These provisions are intended to prevent the illegal
abortions, injuries against unborn children, etc.

Section 312 of the Code says that 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 be also
liable to fine. A woman, who causes her to miscarry, is within the meaning of this Section.

OBJECTIVE

How far miscarriage related law will be feasible in India.

HYPOTHESIS

Miscarriage related law will bring positive changes in Indian society.

RESEARCH METHODOLOGY

This research is based on doctrinal research. That the researcher conduct research and analysis of
related laws, cases, legal proposition and commentaries etc.

SOURCES OF DATA

This is totally based on secondary sources of data as it is totally based on Text books, articles and
Internet research (secondary source).
TENTATIVE CHAPTERISATION
1. INTRODUCTION
2. INJURIES TO UNBORN CHILDREN
3. LAWS FOR PROHIBITION OF CAUSING MISCARRIAGE
4. DEATH IN CAUSING MISCARRIAGE
5. STUDY OF CASE LAWS
6. CONCLUSION AND SUGGESTION
CONCLUSION

The laws of India do not permit causing miscarriage (i.e abortion). The Medical Termination of
Pregnancy Act, 1971 (MTP) Act, which prohibits abortion, was enacted with a view towards
containing the size of the family. However, in some cases the desire for a small family may have
outweighed the desire for a child of a specific gender, leading to abortions where the sex of the
fetus was different from that desired by the family. The MTP Act stipulated that an abortion may
lawfully be done in qualified circumstances. But the unscrupulous connived to misuse the law to
have abortions conducted for the purpose of sex selection.
Later, innovative technologies made sex selection easier, and without the regulations to control the
use of such technologies, these technologies began to be misused for sex-selective
abortions. These actions necessitated enactment of the Pre-natal Diagnostic Techniques
(Regulation and Prevention of Misuse) Act, 1994 (PNDT) in 1994. This act was amended in 2002
in an effort to close loopholes contained in the original act.

BIBLIOGRAPHY

1. Gaur, K.D., Text book on the Indian Penal Code, Universal publication ltd., 4 th edition
2009

2. Ratanlal Dhirajlal (Revised by Justice K T Thomas M A Rashid), The Indian Penal Code,
LexisNexis, 35th edition 2017

3. Saxena, R.N., Indian Penal Code, central law publication, 20th edition 2017

4. Mishra, prof. S.N., The Indian Penal Code, 21st edition 2018

5. Gandhi, B.M., The Indian Penal Code, 28th edition 2015

REFRENCES

1. http://www.shareyouressays.com/knowledge/essay-on-the-offense-relating-to-
miscarriage-injuries-to-unborn-children-and-concealments-of-births-in-india/115830

2. https://www.loc.gov/law/help/sex-selection/india.php

3. https://indiankanoon.org/doc/1990693/

4. https://lawtimesjournal.in/abortion/

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