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Full text of "Medical Jurisprudence And Toxicology"

APPENDIX iv   '    •                                    775

the life of the -Woman, be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both; and, if the woman be
quick with child, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.

Explanation.—A woman, who causes herself to miscarry, is within the meaning of
this section.

Note.—"With child" means pregnant, and it is not necessary to show that quicken-
ing, that is, perception by the mother of the movements of the foetus has taken place,
or that the embryo has assumed a foetal form. The stage to which pregnancy has ad-
vanced and the foi^m which the ovurn or embryo'may have assumed are immaterial,

" Miscarriage" means the premature expulsion of the child or foetus from the
mother's womb at any period of pregnancy, before the term of gestation is completed.

" Quick with child ",—When the woman has felt the child move within her.

313.    Causing miscarriage without woman's consent.—Whoever Commits the offence
defined in the last preceding section without the consent of the woman, whether the
woman is quick with child or not, shall be punished with transportation for life, or with
imprisonment of either description for a term which may extend to ten years, and shall
also be liable to fine*

Cf. English Law, sec. 58 of the offences against the Person Act, 1861.—Every woman,
being with child, who, with intent to procure her own miscarriage, shall unlawfully
administer to herself any poison or other noxious thing, or shall unlawfully use any
instrument or other means whatsoever, with the like intent, and whosoever, with intent
to procure the miscarriage of any woman, whether she be or be not with child, shall
unlawfully administer to her, or cause to be taken by her, any poison or other noxious
thing, or shall unlawfully use any instrument or other means whatsoever with the like
intent, shall be guilty of felony, and being convicted thereof, shall be liable, at the dis-
cretion of the Court, to be kept in penal servitude for life, or for any term not less
than three years, or to be imprisoned for any term not exceeding two years with or
withoxit hard labour, and with or without solitary confinement.

Sec. 59 of the offences against the Person Act, 1861,—Whoever shall unlawfully
supply or procure any poison or other noxious thing, or any instrument or thing whatso-
ever, knowing that the same is intended to be unlawfully used or employed, with intent
to procure the miscarriage of any woman, whether she be or be not with child, shall
be guilty of a misdemeanour, and being convicted thereof, shall be liable, at the discretion
of the Court, to be kept in penal servitude' for the term of three years, or to be im-
prisoned for any term not exceeding two years, with or without hard labour,

314.    Death caused by act done with intent to cause miscarriage.—Whoever, with
intent to cause the miscarriage of a woman with child, does any act which causes the
death of such woman, shall be punished with imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine, and if the act is
done without the consent of the woman, shall be punished either with transportation for
life, or with the punishment above mentioned.

Explanation.—It is not essential to this offence that the offender should know that
the act is likely to cause death.

315.    Act done with intent to prevent child beinsj born alive or to cause it to die
after Birth.—Whoever before the birth of any child does any act with the intention of
thereby preventing that child from being born alive or causing it to die after its birth,
and does by such act prevent that child from being born alive, or causes it to die after
its birth, shall, if such act be not caused in good faith for the purpose of saving the life
of the mother, be punished with imprisonment of either description for a term which
may extend to ten years, or with fine or'with both.

Cf. English Law.—If a person intending to procure abortion does an act which
causes a child to be born so much earlier than the natural time, that it is born in a
state much less capable of living, and afterwards dies in consequence of its exposure
to the external world; the person who by his misconduct so brings the child into the
world and puts it thereby in a situation in which it cannot live, is guilty of murder ;
and the mere existence of a possibility that something might have been done to prevent
the death will not render it the less a murder.

316.    Causing death of quick unborn child by act amounting to culpable homicide.—
Whoever does any act under such circumstances, that if he thereby caused death he
would be guilty of culpable homicide, and does by such act cause the death of a quick
unborn child, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.

317.   Exposure and abandonment of child under twelve years, by parent or person
having care of it.-—Whoever, being the fether or mother of a child under the age of
twelve years, or having the care of such chili shall expose or leave such child m any
place  with  the  intention  of wholly  abandoning  such child,   shall  be;' punished  with
imnriswTT^* r»f either description for" a term which may'extend to seven'year& prt wi%
fine, or with both,                                                                                            ' *  v ' *