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Section 315 of Indian Penal Code, 1860 – Explained!

January 15, 2019 0 Comment

The section requires that the act on the part of the offender must be done before child is born, and his intention must be either to prevent it from being born alive or to cause it to die after it is born. The only exception where there would be no liability of the accused under this section is where such act on his part is caused in good faith for the purpose of saving the life of the mother. The duty to prove a case is on the prosecution and if it fails in its duty, an accused could not be held guilty on the basis of mere suspicion.

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

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