Anitha was pregnant, when the husband and in laws came to know that a girl child is growing in the womb. They forcibly killed the child against the will of the mother. What offence it amounts to and what will be the punishment and who are the culprits?

Facts of the Case

• Anitha was pregnant.
• Medical tests revealed that the foetus was a girl child.
• Her husband and in-laws, upon learning this, forcefully caused the death of the female foetus.
• The killing was done against Anitha’s will, making it an act of forced abortion/feticide.
• Anitha did not consent, and she was compelled to undergo an illegal procedure.
• The question is what offence this act amounts to, who is liable, and what punishment applies.

Issues in the Case

1. Whether forcibly killing a female foetus amounts to the offence of feticide under IPC?
2. Whether it constitutes causing miscarriage without the woman’s consent under IPC?
3. Whether the husband and in-laws can be held liable for criminal conspiracy, common intention, or abetment?
4. Whether it is punishable under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994?
5. What punishment applies for the offence?
6. Whether the doctor (if any) involved is also liable?

Legal Principles Covered to Support Case & Judgements

A. Section 312 IPC – Causing Miscarriage

Punishes causing miscarriage voluntarily.

But if done without the woman’s consent, then:

B. Section 313 IPC – Causing Miscarriage Without Woman’s Consent

This applies directly.

• Anyone who causes a woman to miscarry without her consent
• Whether by force, coercion, or fraud
• Is punishable with life imprisonment or up to 10 years + fine

This section fits perfectly because Anitha did not consent.

C. Section 315 IPC – Act Done with Intent to Prevent Child Being Born Alive or to Cause Death of Child Before Birth

If the act is done to kill the unborn child:

• Punishment: Up to 10 years + fine

This applies because the family purposely killed the female foetus.

D. Section 316 IPC – Causing Death of Quick Unborn Child

If the foetus is in advanced stage of pregnancy (“quick unborn child”):

• Punishment: Imprisonment up to 10 years + fine

If medical reports show foetal movement, this section can apply.

E. PCPNDT Act, 1994 – Prohibition of Sex Selection

Sex determination for the purpose of selecting or eliminating female foetus is a criminal offence.

Punishments:

• For doctor/clinic:
  • 3 years imprisonment (first offence)
  • Up to 5 years for subsequent offences
  • Fine up to ₹1,00,000 (first offence)
  • Permanent cancellation of medical registration
• For husband, relatives, and family members who force sex-selective abortion:
  • Same imprisonment and fines apply.

F. Section 34 IPC – Common Intention

Husband and in-laws acted together → joint liability.

G. Section 120B IPC – Criminal Conspiracy

Planning the feticide amounts to conspiracy.

H. Section 498A IPC – Cruelty

Forcing a woman to undergo unwanted abortion constitutes cruelty.

Possible Judgement

A. Offence Committed

The act amounts to:

1. Causing miscarriage without woman’s consent (Sec. 313 IPC)
2. Killing an unborn female child (Sec. 315 IPC)
3. Sex-selective abortion (PCPNDT Act)
4. Cruelty (Sec. 498A IPC)
5. Criminal conspiracy (Sec. 120B IPC)
6. Common intention (Sec. 34 IPC)

If the pregnancy was advanced, Sec. 316 IPC (death of quick unborn child) also applies.

B. Culprits

1. Husband – Principal offender
2. In-laws – Instigators/abettors
3. Doctor or medical staff (if participated) – Liable under IPC + PCPNDT Act

All of them acted with common intention to kill the female foetus.

C. Punishments

Under IPC

• Section 313 IPC → Life imprisonment or up to 10 years + fine
• Section 315 IPC → Up to 10 years + fine
• Section 316 IPC → Up to 10 years + fine (if applicable)
• Section 498A IPC → Up to 3 years + fine
• Section 120B IPC → Same punishment as main offence

Under PCPNDT Act

• First offence: 3 years imprisonment + ₹1,00,000 fine
• Subsequent offence: 5 years imprisonment + ₹5,00,000 fine
• For doctors: Medical license suspension/cancellation

About lawgnan

To fully understand the legal consequences of forced female foeticide and the protections available to pregnant women, visit Lawgana.in for expert legal insights. We provide clear explanations of IPC Sections 313, 315, 316, 498A and the PCPNDT Act, including how to file complaints against those responsible for sex-selective abortions. Learn about the role of police, mandatory investigation procedures, hospital liability, and punishment against family members and healthcare professionals involved. Empower yourself with the right legal knowledge to fight gender-based violence and foetal rights violations. Visit Lawgana.in today for detailed legal guidance and justice support.