Singapore legislation

Clause 14

of Abortion Bill

Clause 14

Amendment of sections 312 and 314 and repeal and re-enactment of section 315 of the Penal Code

(1)

Section 312 of the Penal Code (Cap. 119) is hereby amended —

(a)

by deleting the word “Whoever” appearing in the first line thereof and substituting therefor the following expression “Where any person, other than a registered medical practitioner permitted or authorised to terminate a pregnancy under the provisions of the Abortion Act, 1968, and on the grounds specified in subsection (2) of section 5 of that Act,”; and

(b)

by deleting the expression “, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman,” appearing in the second and third lines thereof.

(2)

Section 314 of the Penal Code is hereby amended by deleting the word “Whoever” appearing in the first line thereof and substituting therefor the expression “Where any person, other than a registered medical practitioner permitted or authorised to terminate a pregnancy under the provisions of the Abortion Act, 1968, and on the grounds specified in subsection (2) of section 5 of that Act”.

(3)

Section 315 of the Penal Code is hereby repealed and the following substituted therefor: —“Child destruction before, at or immediately after birth315.—

(1)

Any person, other than a registered medical practitioner permitted by or authorised under the provisions of the Abortion Act, 1968 (Act of 1968), to terminate a pregnancy to save the life or to prevent grave permanent injury to the physical or mental health of the pregnant woman, who, 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 a child to die after its birth, shall be punished with imprisonment for a term not exceeding ten years or to a fine not exceeding five thousand dollars or to both such imprisonment and fine.(2) For the purposes of this section, evidence that a woman had at any material time been pregnant for a period of twenty-eight weeks or more shall be prima facie evidence that she was at that time pregnant of a child capable of being born alive.”.