Miscarriage of Child --Dispatch of Abortion Pills Without Forceful Administration Does Not Fulfil Essential Ingredients of the Offence
Merely sending abortion pills to a person does not satisfy the ingredients of offences under Sections 312 and 313 IPC unless such pills are forcefully administered with the intent to cause miscarriage. Voluntary causation of miscarriage, as required under Section 312 IPC, cannot be inferred from dispatch of pills alone. Further, registration of a subsequent FIR containing allegations identical to a prior complaint that was withdrawn by the complainant constitutes abuse of process of law and is violative of Article 21 of the Constitution. Such a successive FIR is not legally sustainable and is liable to be quashed.
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