whether consent of huband required for terminating pregnency

Victim Kolkatta,

Just tell your wife to prove the physical abuse, like injury marks on the body or at any such place which could have caused the harm to the baby. If there were physical abuses then why didnt the doctor noticed and put the same in Medical report while terminating the pregnancy.

I would suggest you to file IPC 312 against your wife and her father for illegally terminating the pregnancy without your consent.

Regards,
Hardik Mehta

Thanks Mr. Mehta for ur advice.

A marriage took place in Oct. 99 several suits in between couple. Wife aborted second child of parties in 2002 Can husabnd now as in Mar 2010 file a case U/s 312 ? I think No but Ld. members hv different opinion then kindly advise

IPC SECs 312 – 323 & 334

312. Causing miscarraige.--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 descripttion 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 descripttion for a term which may extend to seven years, and shall also be liable to fine. Explanation.-A woman who causes herself to miscarry, is within the meaning of this section.

313. Causing miscarriage without woman's consent.--Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with 2*[imprisonment for life], or with imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine.

314. Death caused by act done with intent to cause miscarriage.-- Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine; if act done without woman's consent. if act done without woman's consent.--and if the act is done without the consent of the woman, shall be punished either with 2*[imprisonment for life], or with the punishment above mentioned. Explanation.-It is not essential to this offence that the offender should know that the act is likely to cause death.

315. Act done with intent to prevent child being born alive or to cause it to die after birth.--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 "and shall also be liable to fine for "transportation for life". act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either descripttion for a term which may extend to ten years, or with fine, or with both.

316. Causing death of quick unborn child by act amounting to culpable homicide.--Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine. Illustration A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section.

317. Exposure and abandonment of child under twelve years, by parent or person having care of it.--Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, or with fine, or with both. Explanation.-This section is not intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child die in consequence of the exposure.

318. Concealment of birth by secret disposal of dead body.-- Whoever, by secretly burying or otherwise disposing of the dead body of a child whether such child die before or after or during its birth, intentionally conceals or endeavors to conceal the birth of such child, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.

319. Hurt.--Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

320. Grievous hurt.--The following kinds of hurt only are designated as "grievous":-

First.-Emasculation. Secondly.-Permanent privation of the sight of either eye. Thirdly.-Permanent privation of the hearing of either ear. Fourthly.-Privation of any member or joint. Fifthly.-Destruction or permanent impairing of the powers of any member or joint. Sixthly.-Permanent disfiguration of the head or face. Seventhly.-Fracture or dislocation of a bone or tooth. Eighthly.-Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.

321. Voluntarily causing hurt.--Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said "voluntarily to cause hurt".

322. Voluntarily causing grievous hurt.--Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said "voluntarily to cause grievous hurt". Explanation.-A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.

Illustration A, intending of knowing himself to be likely permanently to disfigure Z's face, gives Z a blow which does not permanently disfigure Z's face, but which causes Z to suffer severe bodily pain for the space of twenty days. A has voluntarily caused grievous hurt.

323. Punishment for voluntarily causing hurt.--Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

334. Voluntarily causing hurt on provocation.--Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either descripttion for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

Sh Arup ji,

Thank you for details on sections. With highest regards Arup ji I know the Sections what I was interested to know was the Limitation part based on the penal provisions ! Kindly guide if after a gap of some 8 years can the husband file a complaint suit using these very sections ?

Rgds,

Arun Kumar,

U/s 468 CrPC, period of limitation, you can file the case within such time the maximum punishment of the case is mention. meaning IPC 312 has the max punishment of 10 years, so you can file the case within 10 years of the crime that has happened.

Lawyers, please correct me if I am wrong.

mr hardik,

if the case filed under sec 312, then according to crpc 468, the limitation will be (  sec 312-if the woman be quick with child, shall be punished with imprisonment of either descriptttion for a term which may extend to seven years, ) 7 years. pl also ck sec 472 of crpc; which cuts 468. thanks.

if a wife is worried about her furture with her husband owing to his abusive nature or any other act which makes the mother worried about the furture of her child as well as that of hers, then she is definitely justified in terminating the pregnancy. no criminal liability arises against a mother for terminating the pregnancy if she feels justified for the same. it her constitutional right under Article 21 of the constitution. who will look after the child? who will provide for it? these are the questions liable to be answered in such a case.