Section: Pakistan Penal Codes ACT 1860

Question About: Isqat-i-Haml and Isqat-i-Janin

Q. Distinguish between Isqat-i-Haml and Isqat-i-Janin. What punishment is provided for Isqat-i-Haml?

Answer

Isqat-i-Haml:

Whoever causes a woman with child whose organs have not been formed, to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman or providing necessary treatment to her, is said to cause Isqat-i-haml.

Explanation:

A woman who causes herself to miscarry is within the meaning of this section. (S. 338)

Punishment for Isqat-i-Haml:

Whoever causes Isqat-i-haml shall be liable to punishment as Ta’zir:
(a) With imprisonment of either description for a term which may extend to three years, if Isqat-i-haml is caused with the consent on the woman, or
(b) With imprisonment of either description for a term which may extend to ten years, If Isqat-i-haml is caused without the consent of the woman.
Provided that, if as a result of lsqat-i-haml, any hurt is caused woman or she dies, the convict shall also be liable to the punishment provided for such hurt or death as the case may be.

Scope:

This section deals with the causing of miscarriage with the consent of a woman while the next section deals with the causing of miscarriage without her consent.
Ingredients: This section requires two essentials:
1.Voluntarily causing a woman with child to miscarry.
2. Such miscarriage should not have been caused in good faith for the purpose of saving the life of a woman (Section 338-A)

lsqat-i.Janin:

Whoever causes a woman with child some of limbs or organs have been formed, to miscarry if such age is not caused in good faith for the purpose of saving the life of the woman, is said to cause Isqat-i-janin.

Explanation:

A woman who causes herself to miscarry is Iii the meaning of Section 338.

Punishment for Isqat-i-janin:

Whoever causes lsqat-i-janin shall be liable to—
(a) one-twentieth of the Diyat if the child is born dead;
(b) full Diyat if the child is born alive but dies as a result of any act of the offender; and
(c) imprisonment of either description for a term which may extend to seven years as Ta’zir:
Provided that, if there are more than one child in the womb of the woman, the offender shall be liable to separate Diyat or Ta’zir, as the case may be for every such child:
Provided further that if as a result of Isqat-i-janin, any hurt is caused to the woman or she dies, the offender shall also be liable to the punishment provided or such hurt or death, as the case may be.
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