Legal Provisions of Section 315 of Indian Penal Code, 1860.
Act done with intent to prevent child being born alive or to cause it to die after birth:
An act done with the intention of preventing a child being born alive or causing it to die after birth has been made punishable under this section. The section states that whoever before the birth of any child does any act with the intention of thereby preventing the child from being born alive or causing it to die after it is born, and by such act does prevent that child from being born alive, or causes it to die after it is born, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with simple or rigorous imprisonment for a term extending up to ten years, or with fine, or with both.
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ADVERTISEMENTS:
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.