A woman cannot be charged under Section 312 IPC for causing her own miscarriage, as it undermines the distinction between victim and perpetrator.

ORDER

The order dated 22.09.2018 of the Judicial First Class Magistrate Court, Nilambur, in CMP No.2823 of 2016, initiating the proceedings against the petitioner herein for the commission of offence under Section 312 IPC , is under challenge in this revision petition.

2. The aforesaid complaint was filed by none other than the husband of the petitioner herein alleging that she, along with other five accused, had caused the miscarriage of the pregnancy of the petitioner.

3. After conducting the enquiry under Section 200 Cr.P.C., the learned Magistrate found that accused Nos.2 to 6 cannot be fastened with the criminal liability under Section 312 IPC . However, it was observed in the impugned order that there were sufficient grounds for proceeding against the petitioner herein, who had been arraigned as the 1^st accused, for causing miscarriage for herself. It is the aforesaid order which is under challenge in this revision petition.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

5. Here is a curious case where a lady has been proceeded against for the offence of causing miscarriage of her own pregnancy. The impugned order passed by the learned Magistrate would reveal that the medical procedures for abortion of the pregnancy of the petitioner were conducted with her full consent. Still, the learned Magistrate found it necessary to proceed against the petitioner for the offence under Section 312 IPC , upon a complaint filed by her husband.

6. Section 312 IPC reads as follows:-

“Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving 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.”

It is apparent from the aforesaid provision that the offence of causing miscarriage envisaged thereunder, could be charged only against the person who voluntarily causes such miscarriage upon a woman. By no stretch of imagination, it could be said that the aforesaid penal provision is applicable to the woman herself whose pregnancy has been aborted. Such an interpretation, making the woman who suffered miscarriage also an accused, would give rise to a piquant situation where the offender and the victim get merged into a single person. Therefore, the impugned order passed by the learned Magistrate is totally unfounded and against the relevant provisions contained under Section 312 IPC . Needless to say, the prayer in this revision petition has to be allowed.

In the result, the revision petition stands allowed. The order passed by the Judicial First Class Magistrate Court, Nilambur, on 22.09.2018 in CMP No.2823 of 2016, and all proceedings initiated thereafter in the aforesaid case, are hereby set aside.