AIBE XVII — February 2023 — Q.15 (Indian Penal Code, 1860)

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Q.15

IPC & Bharatiya Nyay Sanhita (BNS) Medium Section in Options

Bare Act Indian Penal Code, 1860 · Section 315

Causing of the death of child in the mother’s womb is not homicide as provided under

A Explanation III to Section 300

✓ Explanation III to Section 299 Answer

C Explanation III to Section 301

D Explanation III to Section 302

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Explanation & Strategy

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Section 315 IPC states that causing the death of a living child in the womb does not amount to culpable homicide. However, if any part of the child has been brought forth (even if the child has not breathed), causing its death CAN amount to culpable homicide. The legal line is drawn at the moment any part emerges from the womb.

1 Pick up IPC.
2 Go to Section 315.
3 Read: 'It is not homicide to cause the death of a living child in the mother's womb.' But note: if part of the body is out, different rules apply.

At a Glance

Subject IPC & Bharatiya Nyay Sanhita (BNS)

Difficulty Medium

Act Indian Penal Code, 1860

Section Section 315

Answer (B) Section in Options

Paper AIBE XVII — February 2023

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