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Abhi Sukal   14 July 2021

Death of Quick unborn child & Sec. 316 of IPC

Accused Charged for Sec. 302 And 316 of IPC. Deceased were 2 months pregnent at the time of incidence. Accused didn't know about the pregnency. Is Sec 316 are aplicable and When the foetus considered as seperate Life ?
Suggest Appropriate Case law


 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 July 2021

t has been held by the Allahabad High Court that unless the offender does an act against the mother of a quick unborn child with such intention or knowledge and under such circumstances as would bring it within the purview of section 299, this section is not attracted merely because this has resulted in the death of a quick unborn child. Where the accused husband struck his wife who was twenty weeks’ pregnant as a result of which both his wife and child were killed, it was held that the accused was guilty under this section in addition to his guilt under section 302 of the Code.

The offence under section 316 is cognizable, non-bailable and non-compoundable, and is triable by court of session.

1 Like

P. Venu (Advocate)     15 July 2021

The issue suggested is a question of fact. It is too haphazard to make any suggestion.

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