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A gives X a chemical with the intention of ending X’s pregnancy, and it causes X to miscarry. X…

Section 88 punishes voluntarily causing miscarriage where it is not done in good faith to save the woman’s life, subject to applicable lawful termination rules. Section 100,…

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A gives X a chemical with the intention of ending X’s pregnancy, and it causes X to miscarry. X consents. The act is outside any legally authorised termination and is not done in good faith to save X’s life. What offence against the pregnancy does A commit under the Bharatiya Nyaya Sanhita, 2023?

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Correct answer D

Section 88 punishes voluntarily causing miscarriage where it is not done in good faith to save the woman’s life, subject to applicable lawful termination rules.

Section 100, Explanation 3, distinguishes death in the womb from a death capable of constituting culpable homicide.

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Option A

A voluntarily causes the miscarriage and the stated facts exclude lawful termination and the life-saving exception.

Option B

The facts describe miscarriage, with no death of X or of a child partly brought forth alive.

Option C

Section 100 excludes death in the womb from homicide. No other death is stated.

Option D

Section 88 applies because A voluntarily causes the miscarriage outside its life-saving exception.

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