INDIA – Consent to unsafe abortion doesn’t absolve liability : Barbaric act by unqualified appellant causing death of 8-month pregnant woman merits no leniency 

Gauhati High Court Affirms Conviction Under Section 314 IPC

“A fishing hook was used to pull out the unborn child – appellant showed reckless disregard for life.” 

Gauhati High Court upheld the conviction and seven-year rigorous imprisonment imposed on an elderly woman for causing the death of an eight-month’s pregnant woman during a crude, invasive, and illegal abortion procedure. The High Court affirmed that the appellant’s advanced age and the consent of the victim could not mitigate the inherent illegality and fatal recklessness of the act.

“Consent of the deceased for abortion does not exonerate the appellant because the act was performed: without medical qualification, in a crude and unhygienic manner, and in a manner imminently dangerous to life,” held Justice Kaushik Goswami, rejecting the appellant’s plea for sentence reduction on account of her old age and alleged lack of intent.

SOURCE: Lawyer E news. 22 November 2025.