Section 312 IPC: Causing miscarriage

Indian Penal Code, 1860

Section 312 IPC at a Glance

Section 312 IPC deals with causing miscarriage. It is bailable and non-cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 88 BNS.

Punishment

Imprisonment of either description for up to three years; if the woman be quick with child, imprisonment of either description for up to seven years.

Bailable ⓘNon-Cognizable ⓘCompoundable (with court permission) ⓘ🏛️ Magistrate of the first class ⓘ
BNS Equivalent

Section 88 →

Section 312 IPC Bare Act Text

312. Causing miscarriage

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 also be liable to fine.

Explanation

A woman who causes herself to miscarry, is within the meaning of this section.

Source: Section 312, Indian Penal Code, 1860

Section 312 IPC in Simple Words

Section 312 of the Indian Penal Code (IPC) punishes voluntarily causing a woman with child to miscarry, unless caused in good faith to save her life. The base punishment is imprisonment of either description for up to three years, or fine, or both.

If the woman is quick with child, the punishment extends to imprisonment of either description for up to seven years, and the offender is also liable to fine. A woman who causes herself to miscarry is within the meaning of the section.

Ingredients of Section 312 IPC

  • The woman was with child
  • The accused voluntarily caused the woman to miscarry
  • The miscarriage was not caused in good faith for the purpose of saving the life of the woman
  • If the woman was quick with child, the enhanced sentence applies

Punishment Under Section 312 IPC

Imprisonment

Imprisonment of either description for up to three years; if the woman be quick with child, imprisonment of either description for up to seven years.

Fine

Fine may be imposed instead of or in addition to imprisonment under the first limb. If the woman be quick with child, the offender is also liable to fine.

Bailable ⓘNon-Cognizable ⓘCompoundable (with court permission) ⓘ🏛️ Magistrate of the first class ⓘ

Voluntarily causing a woman with child to miscarry carries imprisonment of either description for up to three years, or fine, or both. Where the woman is quick with child, imprisonment extends up to seven years, and the offender is also liable to fine. The offence is non-cognizable and bailable, triable by a Magistrate of the first class, and compoundable by the woman with the permission of the court.

Example of Section 312 IPC

In 2019 in Coimbatore, Shalini was six months pregnant and quick with child, having already felt the movement of the fetus. Although her health was stable and her life was in no danger, she sought to end the pregnancy and allowed an unlicensed practitioner, Manohar, to perform a physical procedure on her womb. Neither Manohar nor Shalini acted in good faith for the purpose of saving her life, and the procedure voluntarily caused Shalini to miscarry. Under the Explanation, a woman causing her own miscarriage is also covered. Manohar and Shalini are punishable under Section 312 IPC.

When Section 312 IPC Does Not Apply

  • The pregnancy was ended in good faith for the purpose of saving the mother's life.
  • The woman was not actually pregnant when the act was performed.
  • The miscarriage resulted from an accident or natural causes rather than a voluntary act by the accused.
  • The act failed to cause a miscarriage and the pregnancy continued without loss of the child.

Section 312 IPC in the BNS

Section 312 IPC is now covered under Section 88 BNS.

Section 312 IPC is succeeded by Section 88 BNS. The heading, statutory text, three-year penalty, seven-year penalty when quick with child, and the Explanation remain unchanged in substance.

View detailed comparison (IPC 312 vs BNS 88) →

FAQs on Section 312 IPC

What does Section 312 IPC punish?▼

Section 312 IPC punishes voluntarily causing a woman with child to miscarry, provided the act is not done in good faith for the purpose of saving her life.

What is the punishment for causing miscarriage under Section 312 IPC?▼

The punishment is imprisonment of either description for up to three years, or fine, or both. If the woman is quick with child, imprisonment extends up to seven years, and the offender is also liable to fine.

Can a woman be prosecuted for causing her own miscarriage under Section 312 IPC?▼

Yes. The Explanation to Section 312 IPC clarifies that a woman who causes herself to miscarry falls within the meaning of the section.

What does quick with child mean under Section 312 IPC?▼

The IPC does not define the phrase. It refers to the stage of pregnancy at which the mother can feel the movement of the child.

Is causing miscarriage under Section 312 IPC bailable?▼

Yes. The offence is bailable as of right and non-cognizable under the First Schedule to the CrPC.

Which court tries an offence under Section 312 IPC?▼

An offence under Section 312 IPC is triable by a Magistrate of the first class.

Is Section 312 IPC compoundable under criminal procedure?▼

Yes. Under Section 320(2) CrPC, the offence can be compounded with the permission of the court by the woman to whom miscarriage is caused.

Where is Section 312 IPC located in the Bharatiya Nyaya Sanhita?▼

It is located in Section 88 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·