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IPC 1860REPEALED

Section 315

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

Replaced by: BNS 91

Non-BailableCognizable: CognizableCourt of Session
THE STATUTE

Original Text

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, unless such act is done in good faith for the purpose of saving the life of the mother, shall be punished...

Simplified

Section 315 addresses acts specifically aimed at ensuring a viable child is not born alive or dies immediately after birth — female infanticide, late-term sex-selective termination, and deliberate acts during delivery to ensure a stillbirth. It applies to near-term and delivery-stage acts, complementing Section 312's coverage of earlier terminations.

Legal Evolution

Section 315 addresses acts causing death of a child before or during birth where the act was not done in good faith to preserve the mother's life. Drawn from English law on infanticide and child destruction, it filled a gap in the IPC's homicide provisions — a child must be born alive to be the victim of murder or culpable homicide. The provision predated India's abortion legislation and has required judicial interpretation as termination of pregnancy has become legally permissible in certain circumstances.

Landmark Precedents

Centre for Enquiry into Health v. Union of India (2001)

(2001) 8 SCC 756
RELEVANCE

Sex-selective late-term termination violates both the PCPNDT Act and Section 315 — both statutes operate concurrently and complement each other.

Practical Scenarios

"Deliberately injuring a woman in late pregnancy to cause a stillbirth — Section 315."
"Acts during delivery intended to kill the newborn — Section 315."

Common Queries

Section 315 focuses on the intent to prevent the child being born alive — typically applies to the late stages of pregnancy or delivery process itself.