BACK TO SECTIONSAIR 1980 SC 531
Non-BailableCognizable: CognizableCourt of Session
THE STATUTE
Original Text
Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman be 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.
Simplified
Section 313 is one of the IPC's most serious non-homicide offences — forced termination of pregnancy without the woman's consent attracts life imprisonment, reflecting the profound violence against women's bodily autonomy. Common scenarios: in-laws who coerce or drug a woman to terminate a female foetus (sex-selective abortion, also violating PCPNDT Act), partners who surreptitiously administer abortifacients, and violent assaults on pregnant women intended to cause miscarriage.
Legal Evolution
Section 313 on causing miscarriage without a woman's consent was enacted at a time when abortion was completely illegal in England and the colonies. The 1971 Medical Termination of Pregnancy Act created lawful exceptions for consensual abortion up to specified gestational limits, but Section 313's criminalization of non-consensual termination remains fully operative. Courts have applied it to forced abortions by husbands, in-laws, and others acting against the pregnant woman's will.
Landmark Precedents
Murari Lal v. State of MP (1980)
RELEVANCE
Section 313 requires proof of absence of the woman's consent — the non-consent element distinguishes it from Section 312 and is the essential ingredient of the aggravated offence.
Practical Scenarios
"Surreptitiously putting abortion pills in a woman's food — Section 313."
"In-laws who force a woman to terminate a pregnancy to prevent birth of a girl — Section 313 and PCPNDT Act."
Common Queries
Section 312: miscarriage with woman's consent but outside legal conditions (3-7 years). Section 313: without the woman's consent (life imprisonment).