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"312. Causing miscarriage.-- 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."

11. Section 312 of the IPC deals with causing of miscarriage with consent of the woman. The Medical Termination of Pregnancy Act, 1971 does not empower the husband, far less his relation, to prevent the concerned woman from causing abortion if her case is covered under Section 3 of the MTP Act. Under Section 312 of the IPC, causing miscarriage is a penal offence. The MTP Act provides for termination of the pregnancy by registered medical practitioner, where its continuance would involve risk to the life of the pregnant woman or grave injury to physical and mental health or when there is a substantial risk that if the child was born, it would suffer from such physical or mental abnormalities as to be seriously handicapped. Section 312 penalises causing miscarriage of a woman consenting to it. When such miscarriage is secured in good faith to save the life of a pregnant woman, Section 312 of IPC absolves the author of miscarriage of any crime. If the NEUTRAL CITATION R/CR.A/1092/2004 JUDGMENT DATED: 18/06/2025 undefined physician gets a woman aborted to save her life, he is to be acquitted.

NEUTRAL CITATION R/CR.A/1092/2004 JUDGMENT DATED: 18/06/2025 undefined

31. Section 314 provides for the case, where death has occurred in causing miscarriage. The act of the accused must have been done to cause miscarriage of woman with child. The learned Trial Court Judge had not found any offence under Section 314 of the IPC against the appellant, however, convicted the appellant under Section 312 of the IPC. Section 312 of the IPC requires two essential ingredients, (i) voluntarily causing a woman with child to miscarry, (ii) such miscarriage should not have been caused in good faith for the purpose of saving the life of the woman. Miscarriage is a premature expulsion of the child or foetus from the mother's womb at any period of pregnancy before the term of gestation is completed. But if the miscarriage is caused in good faith for saving the life of a pregnant woman, no offence is committed. Section 52 of the IPC defines 'good faith'. To prove the offence, the evidence that would be required is that (i) the woman was with the child; or that she was quick with child, (ii) the accused did some act likely to cause some miscarriage, (iii) the accused did so voluntarily, (iv) such a woman did miscarry in consequences, (v) such miscarriage was not caused in good faith in order to save the woman's life.

33. Here in this case, the appellant was not aware of the illicit sexual relations of the deceased along with PW3 - Yakub Valikhan. PW3 had in fact introduced himself before the appellant as a husband of Rukhsanaben and had hidden the true identity of the deceased by getting her name recorded as Abedaben. There is no allegation against the Doctor that he was illegally terminating the foetus. Exh.18 shows that consent was sought for the termination of pregnancy. The learned Trial Court Judge referred to the provision of Section 312 of the IPC, noted that the appellant Doctor had not taken any such defence, that the miscarriage was done in good faith and without any coercion, nor has made any clarification under Section 313 of the Cr.P.C. in his further statement and the learned Trial Court had found that act under good faith is not proved by any documentary evidence. The learned Trial Court Judge had found that miscarriage was proved and that the miscarriage was caused by the appellant and such miscarriage was voluntarily done and none had forced him NEUTRAL CITATION R/CR.A/1092/2004 JUDGMENT DATED: 18/06/2025 undefined to do such an act, nor the Doctor has proved that to save the life of the woman, such miscarriage was caused in good faith.