Section 314 IPC: Death caused by act done with intent to cause miscarriage

Indian Penal Code, 1860

Section 314 IPC at a Glance

Section 314 IPC deals with death caused by act done with intent to cause miscarriage. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 90 BNS.

Punishment

Imprisonment of either description for up to ten years; if the act is done without the consent of the woman, imprisonment for life, or as above.

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

Section 90 →

Section 314 IPC Bare Act Text

314. Death caused by act done with intent to cause miscarriage

Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine;

if act done without woman's consent.—and if the act is done without the consent of the woman, shall be punished either with imprisonment for life, or with the punishment above mentioned.

Explanation

It is not essential to this offence that the offender should know that the act is likely to cause death.

Source: Section 314, Indian Penal Code, 1860

Section 314 IPC in Simple Words

Section 314 of the Indian Penal Code (IPC) punishes doing any act with intent to cause the miscarriage of a woman with child, where the act causes the death of the woman. The punishment is imprisonment of either description for up to ten years, and the offender is also liable to fine.

Where the act is done without the consent of the woman, the offender may be punished with imprisonment for life, or with the punishment above mentioned. The Explanation provides that it is not essential to the offence that the offender should know that the act is likely to cause death.

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

Ingredients of Section 314 IPC

  • The woman was with child
  • The accused did an act with the intent to cause her miscarriage
  • The act caused the death of the woman
  • Under the Explanation, proof that the accused knew death was likely is not essential

Punishment Under Section 314 IPC

Imprisonment

Imprisonment of either description for up to ten years; if the act is done without the consent of the woman, imprisonment for life, or as above.

Fine

The offender is also liable to fine under the first limb.

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

Causing the death of a woman while doing an act with intent to cause her miscarriage carries imprisonment of either description for up to ten years, and the offender is also liable to fine. If done without her consent, the penalty is imprisonment for life, or as above. The offence is cognizable, non-bailable, triable by the Court of Session, and not compoundable.

Example of Section 314 IPC

In 2016 in Madurai, Nandini was four months pregnant with child. Against her will and without her consent, Prakash performed a crude operation on her using an unsterilised metal rod with the intention of causing her miscarriage. Prakash did not know that the procedure was likely to cause her death, as he believed it would only end the pregnancy. However, the operation caused a severe infection that resulted in Nandini's death two days later. Because Prakash did the act intending to cause her miscarriage and thereby caused her death, Prakash is punishable under Section 314 IPC.

When Section 314 IPC Does Not Apply

  • The woman was not pregnant when the act was committed.
  • The accused acted without any intention of causing the woman to miscarry.
  • The woman survived the act, or her death resulted from an independent cause unrelated to the act.

Section 314 IPC in the BNS

Section 314 IPC is now covered under Section 90 BNS.

Section 314 IPC is now Section 90 BNS. The provision is now divided into two sub-sections. Sub-section 1 punishes the base offence with imprisonment of either description for up to ten years and liability to fine, and sub-section 2 punishes the act done without the consent of the woman with imprisonment for life or the punishment in sub-section 1. The Explanation is retained.

View detailed comparison (IPC 314 vs BNS 90) →

FAQs on Section 314 IPC

What does Section 314 IPC penalise?▼

Section 314 IPC penalises doing any act with intent to cause the miscarriage of a woman with child which causes the death of such woman.

What is the punishment under Section 314 IPC?▼

Imprisonment of either description for a term which may extend to ten years, and the offender is also liable to fine. If the woman did not consent to the act, imprisonment for life may be awarded instead, or the same punishment as the base offence.

Must the prosecution prove that the offender knew death was likely under Section 314 IPC?▼

No. The Explanation expressly provides that it is not essential for the offender to know that the act is likely to cause death.

How does lack of consent affect punishment under Section 314 IPC?▼

Where the act causing death is done without the consent of the woman, the offender may be punished with imprisonment for life, or with the punishment for the base offence.

Is an offence under Section 314 IPC bailable?▼

No. The offence is non-bailable and cognizable under the First Schedule to the CrPC.

Which court tries an offence under Section 314 IPC?▼

It is triable exclusively by the Court of Session.

Can an offence under Section 314 IPC be compounded?▼

No. Section 314 IPC is not compoundable under Section 320 CrPC.

Where is Section 314 IPC located in the Bharatiya Nyaya Sanhita?▼

It is located in Section 90 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 ·