Mr Smith with the knowledge that he is likely to cause the death of Ms Anne who is a pregnant woman, inflicts a stab injury on her abdomen, which if had caused the death of the woman would have caused the death of the woman, would have committed culpable homicide. Though Ms Anne suffered serious injuries, she did not die but caused the death of the unborn quick child with whom she was pregnant. Has Mr. Smith committed the offence under section 316 of IPC?
Introduction
The Indian Penal Code, of 18620 is the general penal code official criminal code of the Republic of India. It is a complete code intended to cover all aspects of substantive criminal law. It came into force in 1862 in all British Presidencies, although it did not apply to the Princely states, which had their own courts and legal systems. The first draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Thomas Babington Macaulay. The IPC in its various sections defines specific crimes and provides punishment for them. It is sub-divided into 23 chapters that comprise 511 sections.
Facts of the case
Mr Smith with the knowledge that he is likely to cause the death of Ms Anne who is a pregnant woman, inflicts a stab injury on her abdomen, which if had caused the death of the woman would have caused the death of the woman, would have committed culpable homicide. Though Ms Anne suffered serious injuries, she did not die but caused the death of the unborn quick child with whom she was pregnant.
Issues: 1) Has Mr. Smith committed the offence under section 316 of IPC?
Analysis
According to Section 316, 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 description for a term which may extend to ten years, and shall also be liable to fine. This means that if, 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. Merely causing the death of the unborn child is not sufficient. The prosecution has also to prove that the accused acted with the necessary intention to cause the death of the victim. Ananlysing the facts, it can be understood that there is a clear intention on the part of the accused.
Case laws
Murugan v. State of Tamil Nadu (1991)
The accused struck his wife and caused her death. The postmortem report stated that she was carrying a child of 20 weeks. The trial court imposed punishment under Section 316 opining that foetus gets life after 12 weeks of conception.
Jabbar and Ors v. State (1996)
The penal provision under Section 316 of IPC would be attracted only when an accused commits an act which is likely to cause the death of a pregnant woman. Had the accused caused the death of a pregnant woman, he would have been guilty of culpable homicide. If the pregnant woman had fortunately survived the attempt to commit culpable homicide and the child in the womb had unfortunately died, then the penal provision under Section 316 IPC would be attracted.
Conclusion
Section 316 , I.P.C. can only apply if the action resulting in a death was capable of amounting to culpable homicide. The section does not specifically state that the action must be directed against the mother and not the quick unborn child. From the illustration to the section, which is intended to clarify the meaning of the “act”, it appears that the act must be of such a nature that
the offence committed against the mother herself would be culpable homicide if the mother had died as a result of it. If the act is intended to cause the death of the child before its birth or to cause it to die after its birth it is an offence punishable under Section 315 , I.P.C. Hence, an offence under Section 316 , I.P.C. must be deemed to refer to acts directed against the mother. And these acts have to be of such a character that the offender would have been guilty of culpable homicide if she had died. The resulting injury to the child carried in the womb of the mother may be quite unintended and vet an offence under Section 316 , I.P.C. would be made out. The action must be such that it results in the death of a “quick unborn child” instead of the death of the mother which could have been caused by the action. Thus, Section 316 of the Indian Penal Code (IPC) of 1860 states that anyone who causes the death of a quick unborn child by an act that would be considered culpable homicide if it caused death is guilty of this offense. This includes situations where the person is aware that their actions are likely to cause the death of a pregnant woman, even if the woman is injured but does not die.
(Question from Munsiff Magistrate main Exam 2022)
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