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Indian Penal Code, 1860
313. Causing miscarriage without woman' s consent.-- Whoever commits the offence defined in the last preceding
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also be liable to fine. Of the causing of miscarriage, of injuries to unborn children, of the exposure of infants
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whose behalf the consent is given. Illustration Causing miscarriage (unless caused in good faith for the purpose of saving ... guardian to the causing of such miscarriage does not justify
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woman with child to miscarry, shall if such miscarriage be not caused in good faith for the purpose of saving
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wrong', 'manifestly
erroneous' or 'demonstrably unsustainable', which resulted
in miscarriage of justice. According to him, the view taken ... reached such
'distorted conclusions as to produce a positive
miscarriage of justice', or has in some other way so
conducted
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manifest error in the
earlier proceeding, (2) resulting miscarriage of
justice, and (3) new facts which the complainant ... manifest error resulting in a
miscarriage of justice. In such a case, a second
complaint is entertainable.
299
Per Kapur
Supreme Court of India
Death caused by act done with intent to cause miscarriage.-- Whoever, with intent to cause the miscarriage of a woman
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sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal
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charged with having abetted one R in
causing miscarriage to a woman who died in the. attempt. R
was acquitted ... abetted one Mst. Radha at
Jodhpur to cause the miscarriage of one Miss Atoshi Dass
alias Amola
Supreme Court of India
reached such `distorted conclusions as to produce a positive
miscarriage of justice', or has in some other way so
conducted ... misconducted itself as to produce a glaring
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miscarriage of justice, or has been tricked by the defence
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