Section 199Part 6 — Offences Against the Person
Killing an unborn child
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199. (1) A person 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, commits an offence and is liable to imprisonment for life.
Notwithstanding subsection (1), no person shall have committed an offence under this section unless it is proved that the act which caused the death of the child was not done in good faith for the purpose only of preserving the life of the mother.
Notwithstanding subsections (1) and (2) a health practitioner registered to practise medicine under the Health Practice Act (2026 Revision) does not commit an offence under subsection (1) in respect of any act if such act is first certified in writing by two such registered health practitioners, one of whom is registered by the Medical and Dental Council as an obstetrician or a gynaecologist or is employed as a Government Medical Officer in either capacity as being necessary for the purpose of preserving the life of the mother.