(1)Subject to the provisions of the Termination of Pregnancy Act,²⁰²¹Act 1974,²⁰²¹ whoever, with intent to destroy the life of a child capable of being born alive, by any wilful²⁰²⁰intentional²⁰²⁰ 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 years²⁰⁰⁸years,²⁰⁰⁸ or to a fine not exceeding $5,000 or to²⁰⁰⁸with fine, or with²⁰⁰⁸ both.

(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.