Sending Abortion Pills Through Courier Not Offence U/S 312 IPC Unless Forcefully Given To Cause Miscarriage: Rajasthan High Court

Rajasthan High Court quashed an FIR against a woman under sections 312 and 313 IPC, observing that merely sending abortion pills to anyone did not fulfil the basic ingredients of the offence unless such pills were forcefully given to the victim with an intention to cause miscarriage. For context, Sections 312 and 313, IPC, indicates that a person can be held responsible and punished for this offence, if he voluntarily causes a women with child to miscarry and such miscarriage is not caused in good faith for saving the life of such women. The bench of Justice Anoop Kumar Dhand also considered the fact that such allegations against the concerned petitioner did not appear in the complaint by the complainant. Rather, these were introduced by the petitioner's husband against whom she had filed a case for cruelty. The Court was hearing quashing petitioner filed by a brother and sister, wherein the brother was implicated for rape, and the sister was accused under Section 312."In the instant case, no such allegations are there against the petitioner that she caused miscarriage of the victim. The only allegation levelled against her is that she sent abortion pills to the victim through courier. Though, no such evidence is available on the record and even if these allegations are taken as they exist, then also sending abortion pills to anyone does not constitute any offence unless such pills are forcefully given to the victim with the intent to miscarry her pregnancy. No such primary evidence is available in the record which is said to be against the petitioner. Hence, the basic ingredients of the offence under Section 312 and 313 IPC are missing in the instant case".As per the facts taken on record by the Court, the brother and the complainant were in a live-in relationship. It was alleged by the complainant that on the pretext of marriage, the petitioner had developed consensual sexual relationship with her multiple time between 2018 and 2019.In this background, an FIR was lodged against the brother. Later on, during the trial, the complainant withdrew the proceedings. Eventually, a subsequent FIR was filed against the brother with same allegations verbatim. Hence, the current petition was filed before the Court. After hearing the contentions, the Court referred to multiple Supreme Court decisions to hold that it was observed in multiple cases that registration of subsequent FIR/complaint regarding the same allegations was an abuse of the process of law which was not only impermissible but also violative of Article 21. “…allegations in both of the FIRs are verbatim same and identical. There is hardly any difference of comma or full stop between both of them. Once the criminal complaint with regard to the same incident and the same offence is not pressed and withdrawn by the victim, then the successive impugned FIR with regard to the same incident and the same offence is legally not sustainable in the eyes of law and the same is liable to be quashed.”In relation to the FIR against the sister, the Court highlighted that there was not a single allegation against her that she had sent abortion pills to the complainant. It was observed that the allegation was introduced not by the complainant but by the sister's husband as a counter-blast since the sister had filed a case under Section 498A IPC against her him. Even otherwise, the Court held that if the allegations were taken on face value, merely sending such abortion pills did not satisfy the basis ingredients of the alleged offences, unless the pills were forcefully given to the complainant. The Court observed that there was no evidence of such forceful administration of the pills to the complainant by the sister.In this background, it was held that the FIR was a gross abuse of law, and thereby was liable to be set aside. Accordingly, the FIR was quashed. Title: Ishita Bhardwaj v/s State of Rajasthan and connected Citation: 2026 LiveLaw (Raj) 167Click Here To Read/Download Order

Sending Abortion Pills Through Courier Not Offence U/S 312 IPC Unless Forcefully Given To Cause Miscarriage: Rajasthan High Court

Nupur Agrawal

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