Explanation
Causing miscarriage with woman’s consent or her guardian’s consent is (B) Not justified.
According to Section 312 of the Indian Penal Code, a person who voluntarily causes a woman with child to miscarry shall be punished with imprisonment for a term which may extend to three years, or with fine or with both. Consent plays a very essential role in determining the offence. Section 312 indicates the offence to be caused with the consent of the woman though it is not expressly written in the section itself but inclusion of section 313 that is causing of miscarriage without consent clearly indicates a distinction between the both. So, in section 312 the offence of miscarriage is caused with the consent of the woman. Thus a woman causes herself to miscarry along with the person causing miscarriage will be liable to be punished under this section.
