Skip to main content

Full text of "Medical Jurisprudence And Toxicology"

See other formats

334                                              MTOICAL JURISPRUDENCE

2.    Contraction of the soft garts and vagina due to cicatrices.

3.    Incarceration of the retroflexed uterus.

4.    Uterine hsemorrhage, hydramnios, and an ovarian or fibroid Jumour.

5.    Eclampsia, albuminuria., and chorea.

6.    Severer vomiting, pernicious anaemia and diseases of the heart and

7.    Threatened or incipierrtjnsanity.

8.    Chronic phthisis,

2. Criminafl^carriage,—In India, criminal miscarriage is resorted to
mostly by TOJQWS who are prevented from remarriage by rigid social
custom, and in a few instances by unmarried women, to get rid of the
product of conception from illicit intercoip:se."Tt is~ sometimes practised by
married women, especially of tne educated middle class, to avoid additions
to their families. With the ever-increasing struggle for existence, there is
every possibility of it being more common among women of this class,
though the increasing spread of the knowledge of contraceptive methods is
bound to have a modifying influence.

Criminal miscarriage is generally induced between the second and third
months of pregnancy, but occasionally between the fourth and fifth months
of pregnancy, when the woman is certain of her condition. Rarely, women,
believing themselves to be pregnant, make efforts to produce abortion and
suffer from consequent ill-effect, although pregnancy may be absent. Cases
which recover after criminal miscarriage are rarely detected. A case comes
for investigation before a court of law only when the woman dies as a result
o£ criminal miscarriage or when some enemy of her family secretly com-
municates the information to the police. It is difficult to gauge the extent
of criminal miscarriage, as reliable statistics cannot naturally be available,
inasmuch as such miscarriages are performed in secret by women on
themselves and by abortionists who practise this nefarious trade.

Legal Beari»g.-7Sections 312, 313, 314, 315 and 316 of the Indian Penal
Code (mde Appendix IV) refer to the offences of criminal miscarriage and
punishments awarded for these offences. To constitute the offence under
section 312 it is necessary that the woman should be pregnant and that
naJscaniage_ should be caused with her pfvnqpntj -magm-n^li p* the person
l^ocitifeg the miscarriage and the woman who causes herself to miscarry
are both liable to puniAnient, unless such miscarriage was caused in good
faith 'lor tne purpose ot saving the life of the woman. It is also necessary
to prove whether the woman was "igjjb r^ffi J> or " qpi^k .with £fr?^ " for*
m tibe latter case, the offence is liable to enhanced punishment. If the
maaps used, however, do not succeed, the offence is merely an attempt
ptMiisiiable under section 511. A higher punishment is awarded under
section 313, if nyafwnafft* jg ^TfH ^rjtliont **** wtgnf*T1>fUCSISr*, whether
see was " quick with child" or not Under this section the person who
causes miscarriage is alone punished, as the woman is not an accessary to
the guilt If a pregnant woman dies from an act intended to cause
Bsiseairiage, the offender is pmseeuted under section 314, even though-Jlie
<Hi not know ®r intend that lib act was Bkely to cause her death. lite
pmfefasant to fee awarded m siicfe a case varies according- as the act was
t$®m with m              tibe ^»s0*$ eonsemt,

am affiaiee under section 315, if he causes the dea&
by amy act intended to prevent the child
it to die after its birth, unless the act is
«rf saving the life of tihe mother. Section
rjmjairen' wi $£te*0 wJiere T>reiin£incv has