Indian Penal Code, 1860
316. Causing death of quick unborn child by act amounting to culpable homicide.—
Whoever does any act under such circumstances, that ... homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term
Transfer Of Property Act, 1882
13. Transfer for benefit of unborn person.—
Where, on a transfer of property, an interest therein is created
Section 20 in The Transfer Of Property Act, 1882
20. When unborn person acquires vested interest on transfer for his benefit.—
Where, on a transfer
Oral)
1. This appeal involves a important question as to whether
an unborn child in womb should be considered at par with a
minor child ... submits that the appellants are entitled to
compensation for the death of unborn child in the womb.
6. The learned Tribunal has held that though
younger the patient, the greater the gestation (age of the unborn), the higher the complicate rate....Some of the most catastrophic complication occur in teenagers ... denounced and opposed abortion. It has consistently defended the right of the unborn to live. The belief is that human life comes from
receivable by a specified person. He further contended that an unborn person cannot be a specified person within the meaning of Section 164 . He placed ... Ghosh also argued that the interest of the unborn son was only contingent and there is no vested interest. He very strongly relied
respect to a pregnant women, the health of the woman or her unborn child, in serious jeopardy; or (ii) serious impairment to bodily functions
mere (in its mother's womb - a term descriptive
of an unborn child)."
6. As per Section 3 of the Indian Majority ... reference
to the moment of conception and not of
birth and the unborn child in the womb if
born alive is treated as actually born
overlooking that the recitals in Exhibit A-1 conferring rights to unborn male descendants of Ponnammal in perpetuity are repugnant to Sections ... life interest can be created in favour of persons in existence and unborn persons. But when there is a gift to a class of persons
properties to the first
plaintiff, then a minor child and to the unborn children, if any, to
be born to the donors. At the time ... plaint schedule
properties. Ext. A3 gift executed in favour of an unborn child is
void as per the Muslim Law. The gift was not accepted
