Section 315 IPC and the current law
Section 315 of the Indian Penal Code, 1860 addressed acts committed before a child's birth with the intention of preventing the child from being born alive or causing the child to die after birth, where the act produced that result. The provision expressly excluded an act done in good faith to save the mother's life.
From 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the IPC for new offences, subject to applicable transitional and savings provisions. Section 91 BNS is the corresponding provision. The IPC remains important for understanding conduct alleged to have occurred before the changeover.
Section 315 IPC: Original statutory provision
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 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 description for a term which may extend to ten years, or with fine, or with both.
The provision requires both the specified intention and the specified result. The express good-faith qualification is an important part of the section and should not be omitted when interpreting it.
Essential ingredients of the offence
- Act before birth: The accused must have done an act before the birth of the child.
- Specific intention: The act must have been intended to prevent live birth or to cause death after birth.
- Result: The act must actually prevent the child from being born alive or cause death after birth.
- Absence of the statutory exception: The act must not fall within the good-faith exception for saving the mother's life.
Punishment
Under Section 315 IPC, punishment may extend to ten years' imprisonment of either description, or a fine, or both. The corresponding Section 91 BNS also provides for imprisonment extending to ten years, or a fine, or both.
Section 315 IPC compared with Section 91 BNS
| Issue | IPC (historical provision) | BNS (current provision) |
|---|---|---|
| Section | 315 | 91 |
| Subject | Act intended to prevent live birth or cause death after birth | Corresponding offence |
| Maximum imprisonment | Ten years | Ten years |
| Other punishment | Fine, or imprisonment and fine | Fine, or imprisonment and fine |
| Good-faith qualification | Saving the mother's life | Saving the mother's life |
Important: Section numbers do not correspond numerically across the two Codes. Section 315 IPC should not be confused with Section 315 BNS.
Good faith, pregnancy care and the Medical Termination of Pregnancy Act
The statutory wording recognises a good-faith exception for acts done to save the mother's life. Separately, the Medical Termination of Pregnancy Act, 1971, as amended, establishes when a pregnancy may lawfully be terminated by a registered medical practitioner, subject to statutory conditions, consent requirements and prescribed facilities.
Sections 3, 4 and 5 of the MTP Act are especially relevant. Section 3 provides the legal framework for permissible termination in specified circumstances; Section 4 addresses the place where termination may be performed; and Section 5 addresses certain urgent situations. The rules and regulations under the Act may also apply.
These provisions must be read together with the facts of each case. A medically lawful termination should not automatically be characterised as a criminal act under Section 315 IPC or Section 91 BNS. Equally, a claim of medical purpose does not dispense with applicable statutory requirements.
Frequently asked questions
What does Section 315 IPC prohibit?
It covers an act done before a child is born with the intention of preventing live birth or causing death after birth, where that intended result occurs, unless the act was done in good faith to save the mother's life.
What is the punishment under Section 315 IPC?
Imprisonment of either description for up to ten years, a fine, or both.
What is the corresponding provision under the BNS?
Section 91 of the Bharatiya Nyaya Sanhita, 2023 deals with the corresponding offence.
Does every medical termination of pregnancy amount to this offence?
No. The statutory good-faith exception and the Medical Termination of Pregnancy Act, 1971, as amended, must be considered. Lawful medical care should not be equated with an unlawful act under this section.
Does Section 315 IPC apply after 1 July 2024?
The BNS generally governs offences committed from 1 July 2024, while the IPC and applicable savings provisions remain relevant to earlier conduct.
Official legislation and legal references
- India Code - official repository for the Indian Penal Code, 1860, Bharatiya Nyaya Sanhita, 2023, and Medical Termination of Pregnancy Act, 1971.
- Ministry of Home Affairs - notifications and materials on implementation of the new criminal laws.
- Ministry of Health and Family Welfare - medical and public-health regulatory information.
This article provides general legal information. The date of the alleged act, applicable amendments, medical records and case-specific evidence can affect the legal position.