Child destruction before, at or immediately after birth
315.—(1) Subject to the provisions of the Termination of Pregnancy
Act, whoever, with intent to destroy the life of a child capable of being
born alive, by any wilful act causes a child to die before it has an
existence independent of its mother or by such act causes the child to
die after its birth, shall, unless such act is immediately necessary to
save the life of the mother, be punished with imprisonment for a term
not exceeding 10 years, or with fine, or with both.
[32/80; 51/2007]
(2) For the purposes of this section, evidence that a woman had at
any material time been pregnant for a period of 28 weeks or more shall
be prima facie evidence that she was at that time pregnant of a child
capable of being born alive.