Chapter XVI · Of Offences Affecting the Human Body

Punishment for Isqat-i-janin

Section 338-C · Pakistan Penal Code

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Whoever causes Isqat-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 for such hurt or death, as the case may be.