BACK TO SECTIONS(2009) 9 SCC 1
BailableCognizable: Non-CognizableMagistrate First Class
THE STATUTE
Original Text
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.
Simplified
Section 312 criminalises illegal abortions — terminations outside the MTP Act 1971 conditions. The MTP Act (as amended 2021) creates the legal abortion framework; Section 312 covers what falls outside it. Two tiers: ordinary pregnancy (up to 3 years); 'quick with child' (foetal movement felt, ~16–20 weeks — up to 7 years). The provision has a self-abortion application (an explanation states a woman who causes herself to miscarry is within this section) though prosecution of women is essentially nonexistent.
Legal Evolution
The MTP Act 1971 (amended 2021) dramatically expanded legal abortion access for unmarried women, rape survivors, and minors — shrinking the space where Section 312 can apply.
Landmark Precedents
Suchita Srivastava v. Chandigarh Administration (2009)
RELEVANCE
Reproductive autonomy is a fundamental right under Article 21 — the Court's analysis of forced abortion directly informs the boundary between legal and illegal termination under Section 312.
Practical Scenarios
"An unregistered clinic performing abortions beyond MTP gestational limits — Section 312."
"A quack administering drugs to induce miscarriage — Section 312."
Common Queries
Yes, within MTP Act conditions. Section 312 criminalises terminations outside those conditions. The 2021 amendment expanded access significantly.