In a significant ruling reinforcing women’s reproductive rights, the Delhi High Court on Tuesday set aside criminal proceedings against a woman accused of causing miscarriage under the Indian Penal Code. The court held that a medically supervised termination of pregnancy carried out within the legal framework cannot be treated as a criminal offence.
The judgment was delivered by Justice Neena Bansal Krishna, who allowed the petition filed by Sanya Bhasin, discharging her from charges under Section 312 of the IPC.
Background of the Case
The case arose from a matrimonial dispute between the petitioner and her husband. After their marriage in April 2022, differences surfaced, leading to multiple allegations from the husband, including financial exploitation and cruelty.
Amid these disputes, the woman underwent medical termination of a 14-week pregnancy in October 2022 at a registered medical facility. The husband later filed a criminal complaint alleging that the abortion was illegal and amounted to an offence under Section 312 IPC, which deals with causing miscarriage.
A magistrate initially summoned the woman and her relatives for several offences. While a sessions court later narrowed the case, it upheld the summoning of the woman for the offence related to abortion. This prompted her to approach the High Court.
Arguments Before the Court
The petitioner argued that the termination was done lawfully under the Medical Termination of Pregnancy (MTP) Act, 1971. She submitted medical records showing that the procedure was carried out within 20 weeks of gestation, by qualified doctors, and in accordance with medical protocol.
Her counsel stressed that the decision was taken due to severe marital stress and mental trauma, which is a legally recognised ground under the MTP Act. Criminalising such a decision, it was argued, would violate her right to privacy, bodily autonomy, and personal liberty under Article 21 of the Constitution.
The husband, on the other hand, contended that there was no marital discord at the time of termination and claimed the abortion was done without his consent.
Court’s Observations
The High Court examined the scope of the MTP Act in detail and referred to several Supreme Court judgments recognising reproductive autonomy as a fundamental right.
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The bench noted that the medical records clearly recorded “marital discord” as the reason for termination and showed that the pregnancy was at 14 weeks well within the statutory limit. The court rejected the argument that marital discord must reach a particular stage, such as separation or litigation, before a woman can rely on the MTP Act.
“The decision whether to continue or terminate a pregnancy lies with the woman alone,” the court observed, adding that mental health cannot be viewed narrowly. Stress arising from matrimonial conflict can constitute grave injury to mental health.
Justice Krishna underlined that the MTP Act is a beneficial law and must be interpreted purposively.
“Forcing a woman to continue with an unwanted pregnancy would amount to violation of her bodily integrity and dignity,” the judgment noted.
Decision
Allowing the petition, the High Court held that no offence under Section 312 IPC was made out against the petitioner. The court set aside the orders of the magistrate and sessions court and formally discharged her from the criminal case.
“The termination of pregnancy was carried out in accordance with law and cannot be criminalised,” the bench concluded, bringing the proceedings to an end.
Case Title: X v. State (NCT of Delhi) & Anr.
Case Number: CRL.M.C. 7984/2025
