Murder

Adv B.B.Gambhir #9814820602 (Querist) 31 August 2014 This query is : Resolved
respected members
as per law a child in the womb of mother has legal entity

my one of the collegue asked a question whether abortion is murder if yes then why the same is not equally penalised and why less punishment in section 313 IPC. if no, then why not it is murder.

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Devajyoti Barman (Expert) 31 August 2014
academic query....

Laxmi Kant Joshi (Expert) 31 August 2014
Mr. Gambhir as per to me when a child is in the womb you legally cannot recognise him a person when he takes birth only then he legally recognise as a person hence when a child ended in her mother's womb it comes under abortion and punished u/s 312or 313 ipc as per offence , but when it takes the birth and then ended his life it comes under murder and punished u/s 302 ipc .

Dr J C Vashista (Expert) 01 September 2014
altthough it is an academic query, yet there is a very valid point, the child in womb is yet to born and cannot be treated at par with living person, accordingly accused shall not be tried/punished u/s 302 IPC.