Section 313 IPC: Causing miscarriage without woman’s consent

Indian Penal Code, 1860

Section 313 IPC at a Glance

Section 313 IPC deals with causing miscarriage without woman’s consent. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 89 BNS.

Punishment

Imprisonment for life, or imprisonment of either description for up to ten years.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ
BNS Equivalent

Section 89 →

Section 313 IPC Bare Act Text

313. Causing miscarriage without woman’s consent

Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished 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.

Source: Section 313, Indian Penal Code, 1860

Section 313 IPC in Simple Words

Section 313 of the Indian Penal Code (IPC) punishes committing the offence of causing miscarriage defined in Section 312 IPC without the consent of the woman, whether the woman is quick with child or not.

The punishment is imprisonment for life, or imprisonment of either description for up to ten years, and the offender is also liable to fine.

The offence is cognizable and non-bailable, and it is triable by the Court of Session.

Ingredients of Section 313 IPC

  • The accused voluntarily caused a woman with child to miscarry
  • The miscarriage was not caused in good faith for the purpose of saving the life of the woman
  • The act was done without the consent of the woman

Punishment Under Section 313 IPC

Imprisonment

Imprisonment for life, or imprisonment of either description for up to ten years.

Fine

The offender is also liable to fine. The section prescribes no limit.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Causing miscarriage without the consent of the woman carries imprisonment for life, or imprisonment of either description for up to ten years, and the offender is also liable to fine. It is cognizable and non-bailable, triable by the Court of Session, and not compoundable.

Example of Section 313 IPC

In 2017 in Indore, Ananya was two months pregnant and not yet quick with child. Her partner, Keshav, demanded that she end the pregnancy, but Ananya refused and wished to carry the child to term. Determined to cause a miscarriage against her will, Keshav violently struck Ananya in the abdomen. As a direct result of those blows, Ananya suffered a miscarriage. Keshav voluntarily caused the miscarriage without Ananya's consent and not in good faith for the purpose of saving her life, whether she was quick with child or not. Keshav is punishable under Section 313 IPC.

When Section 313 IPC Does Not Apply

  • The pregnant woman consented to the act that caused her miscarriage, which falls under Section 312 IPC instead of Section 313 IPC.
  • The act was performed in good faith for the purpose of saving the woman's life.
  • The woman was not pregnant or did not actually suffer a miscarriage from the act.
  • The loss of pregnancy occurred accidentally without any voluntary act by the accused to cause a miscarriage.

Section 313 IPC in the BNS

Section 313 IPC is now covered under Section 89 BNS.

Section 313 IPC is now Section 89 BNS. The section now refers to Section 88 BNS instead of the last preceding section. The ingredients and the punishment of imprisonment for life, or imprisonment of either description for up to ten years, with liability to fine, are unchanged.

View detailed comparison (IPC 313 vs BNS 89) →

FAQs on Section 313 IPC

What does Section 313 IPC penalise?▼

Section 313 IPC penalises committing the offence of causing miscarriage without the consent of the woman, whether she is quick with child or not.

What is the punishment under Section 313 IPC?▼

The punishment is imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and the offender is also liable to fine.

Does Section 313 IPC apply if the woman was not quick with child?▼

Yes. The section explicitly states that it applies whether the woman is quick with child or not.

How does Section 313 IPC differ from Section 312 IPC?▼

Section 312 IPC applies where miscarriage is caused with or without consent, carrying up to three or seven years. Section 313 IPC applies specifically where miscarriage is caused without the consent of the woman, carrying life imprisonment or up to ten years.

Is an offence under Section 313 IPC cognizable and bailable?▼

It is cognizable and non-bailable under the First Schedule to the CrPC.

Which court tries an offence under Section 313 IPC?▼

It is triable exclusively by the Court of Session.

Can an offence under Section 313 IPC be compounded?▼

No. Section 313 IPC is not compoundable under Section 320 CrPC.

Where is Section 313 IPC located in the Bharatiya Nyaya Sanhita?▼

It is located in Section 89 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 ·