Friday, 10 June 2022

Infanticide

 Infanticide

Infanticide is a general term for the murder of a child aged less than 1 year, and filicide is used when the perpetrator is the parent, but neonaticide is used to refer to deliberate killing of a child up to 24 h of age by his or her parent.

William Bentinck (1828-1835): He was the Governor-General of India that banned female infanticide. He declared it as a punishable crime. The practice of female infanticide was found in western parts of India.

Provisions of IPC for infanticide:

In India, the offence of infanticide or the killing of an infant is charged as murder and is therefore equivalent to conviction under Section 302 of the Indian Penal Code.

Section 315 of the Indian Penal Code, 1860, relates to an act done with the intent to prevent child being born alive or to cause it to die after birth'. According to this section, an act done by a person with the intention of preventing a child from being alive when he/she is born or causing it die after he/she was born alive, causes the child to die before or after birth, will be punished for a term of imprisonment extending to ten years, or will be charged with fine, or both. Such act, when committed, does not include an act done to save the life of a pregnant woman, that is an act done in good faith.

Section 318 of IPC: This section intends to preventing infanticide. It is directed towards a person who disposing of the body of a child upon his/her birth.

The properties of this section are:

a. Secret burying or in any way disposing of the dead body of an infant

b. The fact whether the child dies before, during or after the birth is not required.

c. The person disposing the body of a child should have an intention to conceal the birth of that child.

Abandonment of an infant by a parent or a person assigned the care of a child, with the intention to fully abandon that child, leads to an offence under Section 317 of the Indian Penal Code, 1860. A punishment under this section is described as a term of imprisonment for seven years, or with fine, or both.

Sec. 312 = Causing Miscarriage (Volutarily)

Sec. 313 = Causing Miscarriage without woman’s consent

Sec. 314 = Death caused by act done with intent to cause miscarriage.

Sec. 315 = Act done with intent to prevent child being born alive or to cause it to die after birth.

Sec. 316 = Causing death of quick unborn child by act amounting to culpable homicide.

Sec. 317 = Exposure and abandonment of child under twelve years, by parent or person having care of it.

Sec. 318 = Concealment of birth by secret disposal of dead body.

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Which of the following enactment declared infanticide equal to murder?

(a) Criminal Procedure Code

(b) Indian Penal Code è

(c) Immoral Trafficking Act

(d) None of the above.

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Which of the following is not a gender-based violence?

A. Prostitution

B. Female Infanticide

C. Sex-selective Abortion

D. Culpable homicide è

Section 304 of IPC provides for culpable homicide

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Sections 312 to 318 of the IPC deal with offences of ______.

(a) Causing of miscarriage

(b) Unborn children

(c) Exposure of infants

(d) All the above è

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Causing miscarriage without women’s consent is punishable under ________ of IPC?

(a) Section 312 (b) Section 313 è

(c) Section 316 (d) Section 320

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Section 312 of IPC deals with:

(a) Rape (b) Causing Miscarriage è

(c) Bigamy (d) Adultery

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What is the meaning of expression ‘woman being quick with child’ under section 312 IPC?

A. Woman being in First trimester of pregnancy

B. Woman after third month of pregnancy è

C. Both A and B

D. None of above

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