Section 5 Medical Termination of Pregnancy Act, 1971

 

Section 5 Medical Termination of Pregnancy Act, 1971: 


Sections 3 and 4 when not to apply.-

(1) The provisions of section 4, and so much of the provisions of sub-section (2) of section 3 as relate to the length of the pregnancy and the opinion of not less than two registered medical practitioners, shall not apply to the termination of a pregnancy by a registered medical practitioner in a case where he is of opinion, formed in good faith, that the termination of such pregnancy is immediately necessary to save the life of the pregnant woman.

6 [(2) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), the termination of pregnancy by a person who is not a registered medical practitioner shall be an offence punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years under that Code, and that Code shall, to this extent, stand modified.

(3) Whoever terminates any pregnancy in a place other than that mentioned in section 4, shall be punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years.

(4) Any person being owner of a place which is not approved under clause (b) of section 4 shall be punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years. Explanation 1.-For the purposes of this section, the expression "owner" in relation to a place means any person who is the administrative head or otherwise responsible for the working or maintenance of a hospital or place, by whatever name called, where the pregnancy may be terminated under this Act. Explanation 2.-For the purposes of this section, so much of the provisions of clause (d) of section 2 as relate to the possession, by registered medical practitioner, of experience or training in gynaecology and obstetrics shall not apply.


Supreme Court of India Important Judgments And Leading Case Law Related toSection 5 Medical Termination of Pregnancy Act, 1971:  

Shaikh Ayesha Khatoon vs Union Of India Through The  on 9 January, 2018

Aarti Balu Pawar vs Union Of India Through The on 10 September, 2018

Poornima Devu Mandavkar vs The Union Of India And Anr on 3 April, 2019

Sudha Sandeep Devgirkr vs Union Of India Through The on 3 April, 2019

R And Anr vs State Of Haryana & Ors on 30 May, 2016



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