PPC Section 338-A | Punishment for Isqat-i-haml:

PPC Section 338-A

Punishment for Isqat-i-haml:

Whoever cause 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 of 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 isqat-i-haml, any hurt is caused to woman or she dies, the convict shall also be liable to the punishment provided for such hurt or death as the case may be.

Offence Cognizance Summons / Warrant Bailable / Not Bailable Compoundable or Not Punishment Triable By
Isqat-i-haml with consent. May arrest without warrant. Warrant .. Not bailable Compoundable Imprisonment of either description for three years and punishment provided for the kind of hurt or death, if caused. Court of Session, or Magistrate of the first class.
Isqat-i-haml without consent. May arrest Without warrant. Warrant .. Not bailable. Ditto Imprisonment of either description for ten years and punishment provided for the kind of hurt or death, if caused. Court of Session or Magistrate of the first class
Accused โ˜… POLICE Police Officer
Offence: Not bailable --- Isqat-i-haml with consent.
Punishment--- Imprisonment of either description for three years and punishment provided for the kind of hurt or death, if caused.
Offence: Not bailable. --- Isqat-i-haml without consent.
Punishment--- Imprisonment of either description for ten years and punishment provided for the kind of hurt or death, if caused.

Explanation of PPC Section 338-A

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