Section 313 of Indian Penal Code, 1860 – Explained!
This section is attracted where the offence defined under section 312 is committed without the woman’s consent, and the early or late stage of the pregnancy is immaterial. The section provides enhanced penalty than that provided under section 312 which means that this section is more serious in nature than the preceding one.
Where the evidence showed that the petitioner took the pregnant lady to a doctor who caused abortion with her consent, that she even had sexual intercourse thereafter with the petitioner, that there was nothing to indicate that the abortion was done at his instance, and that the doctor was not made a party which indicated that she had no complaints against him, it was held that the petitioner could not be convicted under this section.
Where the woman lodged a report that she had been raped, and gave her active consent to the accused to take her to a hospital for abortion and there was no connection of the accused with any offence, he could not be held guilty under either section 313 or under section 201 of the Code.
The offence under section 313 is cognizable, non-bailable and non-compoundable, and is triable by court of session.