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Causing Miscarriage without woman’s consent (Section 313 of IPC)

Section 313 of the Code is in continuation of Section 312. In the offence under Section 312, the pregnant woman’s consent is inherent. In the offence under Section 313, there is no consent of pregnant woman, hence only the person who causes the abortion is punished and the woman is not punished while in Section 312 the woman who causes herself to miscarry is also punished.

The offence under Section 313 is an aggravated form of the offence and it is considered a much more grave offence and as per Section 313, it is punishable 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.

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The offence under Section 313 is cognizable, non-bailable, non- compoundable and shall be tried by the Court of Session.

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