Assault On Pregnant Woman's Abdomen Can Attract 'Attempt To Murder' Charge Even If Medical Certificate Records No Injury: Karnataka High Court
The Karnataka High Court held that an assault on the abdomen of a woman, who was stated to be in an advanced stage of pregnancy, cannot fall outside ambit of attempt to murder under Section 307 IPC merely because no visible injury was recorded in the medical certificate or because both the mother and baby are currently healthy. Justice Anant Ramnath Hegde was hearing the petition filed by...
The Karnataka High Court held that an assault on the abdomen of a woman, who was stated to be in an advanced stage of pregnancy, cannot fall outside ambit of attempt to murder under Section 307 IPC merely because no visible injury was recorded in the medical certificate or because both the mother and baby are currently healthy.
Justice Anant Ramnath Hegde was hearing the petition filed by four people charged with the offences punishable under Sections 498A (Cruelty by Husband or Relatives), 307, 324 (Voluntarily causing hurt by dangerous weapons or means), 323 (Punishment for voluntarily causing hurt), 504 (Intentional insult with intent to provoke breach of the peace) and 34 (Acts done by several persons in furtherance of common intention) of the IPC and Sections 3 and 4 (penalty for giving and demanding dowry) of the Dowry Prohibition Act, 1961, seeking to quash proceedings against them.
“Since, it is not in dispute that, at the time of the alleged incident, the victim was in an advanced stage of pregnancy. Thus, the alleged assault on the abdomen by the petitioners cannot be said to be an act which is outside the purview of Section 307 of the IPC. Merely because there is no injury forthcoming in the medical certificate that, by itself, cannot be a reason to say that the case is out of the ambit of Section 307 of the IPC,” the High Court said.
The counsel for the petitioners submitted that Section 307 should not have been invoked as there was no bleeding injury; the medical records indicated the injury was simple; no weapon was used; and the victim has subsequently delivered a healthy baby.
Rejecting the petitioners' argument, the Court said, “Though learned counsel for the petitioners would submit that, the victim has delivered a baby and both the mother and the baby are healthy and urges that Section 307 cannot be attracted, the Court is of the view that by itself does not lead to the conclusion that the alleged incident of assaulting on the abdomen of a pregnant woman has not taken place.”
Accordingly, the High Court dismissed the petition.
CASE: SANTHOSH KUMAR H.L & OTHERS VS. STATE OF KARNATAKA & ANOTHER
CRIMINAL PETITION NO. 39 OF 2026