Correct option is D
The correct answer is (d) Offence of causing miscarriage. Under the Indian Penal Code (I.P.C.), causing the death of a child in the womb by administering drugs or using other means with the intent to cause a miscarriage is an offence. Section 312 of the I.P.C. specifically deals with the offence of causing miscarriage. If the act is done without the woman's consent, the punishment is more severe.
· Explanation:
· Section 312 I.P.C.: This Section criminalizes causing a woman to miscarry unless it is done in good faith for the purpose of saving the life of the woman. If the miscarriage is caused without the woman's consent, the punishment is harsher.
· Intent and Action: 'A' provided chemicals under the guise of being a family planning expert, which led to the death of the unborn child. This act constitutes causing a miscarriage, as it directly led to the termination of the pregnancy.
Information Booster:
1. Section 312 I.P.C.: Deals with voluntarily causing a woman to miscarry. The act is punishable whether or not the woman consented, though the penalties differ based on consent.
2. Exception: The act is not considered an offence if done in good faith to save the woman’s life.
3. Consent and Punishment: If the woman consents, the punishment may extend to seven years of imprisonment. If done without consent, it can extend to life imprisonment.
4. Understanding Culpable Homicide and Murder: These offences involve causing the death of a "person," whereas the I.P.C. does not consider an unborn child a "person" for the purposes of these Sections.
5. Legal vs. Illegal Abortion: Legal abortions performed by qualified medical practitioners under the Medical Termination of Pregnancy (MTP) Act are not considered offences under the I.P.C.
6. Misrepresentation: 'A's' misrepresentation as a family planning expert further aggravates the seriousness of the offence.
Additional Information:
· Murder (b): Defined under Section 300 I.P.C., requires the killing of a person with intent. The unborn child is not legally considered a "person" under the I.P.C. for murder charges.
· Culpable Homicide (c): Covered under Section 299 I.P.C., this also applies to causing death to a person, not an unborn child.
· No Offence (a): Incorrect, as causing a miscarriage through the administration of chemicals is explicitly criminalized under Section 312 I.P.C.
