Section 315 IPC: Act done with intent to prevent child being born alive or to cause it to die after birth

Indian Penal Code, 1860

Section 315 IPC at a Glance

Section 315 IPC deals with act done with intent to prevent child being born alive or to cause it to die after birth. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 91 BNS.

Punishment

Imprisonment of either description for up to ten years.

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

Section 91 →

Section 315 IPC Bare Act Text

315. Act done with intent to prevent child being born alive or to cause it to die after birth

Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.

Source: Section 315, Indian Penal Code, 1860

Section 315 IPC in Simple Words

Section 315 of the Indian Penal Code (IPC) punishes doing any act before the birth of a child with the intention of thereby preventing that child from being born alive or causing it to die after its birth, where the act in fact prevents the child from being born alive or causes it to die after its birth. The punishment is imprisonment of either description for up to ten years, or fine, or both.

The section does not apply to an act done in good faith for the purpose of saving the life of the mother. The offence is cognizable and non-bailable, and it is triable by the Court of Session.

Ingredients of Section 315 IPC

  • The accused did an act before the birth of any child
  • The act was done with the intention of thereby preventing that child from being born alive or causing it to die after its birth
  • The act in fact prevented that child from being born alive or caused it to die after its birth
  • The act was not done in good faith for the purpose of saving the life of the mother

Punishment Under Section 315 IPC

Imprisonment

Imprisonment of either description for up to ten years.

Fine

The offender may be punished with fine alone or with both imprisonment and fine.

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

Doing an act before the birth of a child to prevent it from being born alive or to cause it to die after birth carries imprisonment of either description for up to ten years, or fine, or both. The offence is cognizable and non-bailable, triable by the Court of Session, and not compoundable.

Example of Section 315 IPC

In 2020 in Bhopal, Rekha was in the eighth month of her pregnancy. Wanting to prevent the baby from surviving to claim a share in ancestral property, her relative Vasant forcefully struck her abdomen before the child was born, intending to cause the child to die after its birth. Vasant did not do the act in good faith for the purpose of saving Rekha's life. Because of the prenatal injury inflicted by Vasant, the baby was born in critical condition and died two hours after birth. Vasant is punishable under Section 315 IPC.

When Section 315 IPC Does Not Apply

  • The act was carried out in good faith for the purpose of saving the mother's life.
  • The child was born alive and survived despite the prenatal act.
  • The accused acted without any intention of preventing the child from being born alive or causing its death after birth.
  • The fatal act was committed after the child had already been born rather than before its birth.

Section 315 IPC in the BNS

Section 315 IPC is now covered under Section 91 BNS.

Section 315 IPC is succeeded by Section 91 BNS. The heading in Section 91 BNS omits the word it, but the substantive text, mental elements, good-faith exception to save the life of the mother, and the ten-year punishment remain identical.

View detailed comparison (IPC 315 vs BNS 91) →

FAQs on Section 315 IPC

What does Section 315 IPC penalise?▼

Section 315 IPC penalises doing any act before the birth of a child with the intention of preventing it from being born alive or causing it to die after birth, where the act produces that result.

What is the punishment under Section 315 IPC?▼

The punishment is imprisonment of either description for a term which may extend to ten years, or with fine, or with both.

Is saving the life of the mother a defence under Section 315 IPC?▼

Yes. The section explicitly provides that it does not apply if the act was done in good faith for the purpose of saving the life of the mother.

What happens if the child is born alive despite the act under Section 315 IPC?▼

Section 315 IPC requires that the act actually prevented the child from being born alive or caused it to die after birth. If neither result occurred, liability under this section does not arise.

Is an offence under Section 315 IPC bailable?▼

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

Which court tries an offence under Section 315 IPC?▼

It is triable exclusively by the Court of Session.

Can an offence under Section 315 IPC be compounded?▼

No. Section 315 IPC is not compoundable under Section 320 CrPC.

Where is Section 315 IPC located in the Bharatiya Nyaya Sanhita?▼

It is located in Section 91 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 ·