The Medical Termination of Pregnancy Act, 1971

(1) This Act may be called the Medical Termination ofPregnancy Act, 1971. (2) It extends to the whole of India 1***. (3) It shall come into force on such date2as the Central Government may, by notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires,-- (a) guardian means a person having the care of the person of a minor or a 1[mentally ill person]; 2[(aa) Medical Board means the Medical Board constituted under sub-section (2C) of section 3 of the Act;] 3[(b) mentally ill person means a person who is in need of treatment by reason of any mentaldisorder other than mental retardation;] (c) minor means a person who, under the provisions of the Indian Majority Act, 1875 (9 of1875), is to be deemed not to have attained his majority; (d)registered medical practitioner means a medical practitioner who possesses any recognisedmedical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956(102 of 1956), whose name has been entered in a State Medical Register and who has such experienceor training in gynaecology and obstetrics as may be prescribed by rules made under this Act. 2[(e) termination of pregnancy means a procedure to terminate a pregnancy by using medical orsurgical methods.]

(1)Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a registered medical practitioner shall not be guilty of any offence under that Code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act. 1[(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registeredmedical practitioner,-- (a) where the length of the pregnancy does not exceed twenty weeks, if such medical practitioneris, or (b) where the length of the pregnancy exceeds twenty weeks but does not exceed twenty-fourweeks in case of such category of woman as may be prescribed by rules made under this Act, if notless than two registered medical practitioners are, of the opinion, formed in good faith, that-- (i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or ofgrave injury to her physical or mental health; or (ii) there is a substantial risk that if the child were born, it would suffer from any serious physicalor mental abnormality. Explanation 1.--For the purposes of clause (a), where any pregnancy occurs as a result of failureof any device or method used by any woman or her partner for the purpose of limiting the number ofchildren or preventing pregnancy, the anguish caused by such pregnancy may be presumed toconstitute a grave injury to the mental health of the pregnant woman. Explanation 2.--For the purposes of clauses (a) and (b), where any pregnancy is alleged by thepregnant woman to have been caused by rape, the anguish caused by the pregnancy shall be presumedto constitute a grave injury to the mental health of the pregnant woman. (2A) The norms for the registered medical practitioner whose opinion is required for terminationof pregnancy at different gestational age shall be such as may be prescribed by rules made under thisAct. (2B) The provisions of sub-section (2) relating to the length of the pregnancy shall not apply tothe termination of pregnancy by the medical practitioner where such termination is necessitated bythe diagnosis of any of the substantial foetal abnormalities diagnosed by a Medical Board. (2C) Every State Government or Union territory, as the case may be, shall, by notification in theOfficial Gazette, constitute a Board to be called a Medical Board for the purposes of this Act toexercise such powers and functions as may be prescribed by rules made under this Act. (2D) The Medical Board shall consist of the following, namely: (a) a Gynaecologist; (b) a Paediatrician; (c) a Radiologist or Sonologist; and (d) such other number of members as may be notified in the Official Gazette by the StateGovernment or Union territory, as the case may be.] (3) In determining whether the continuance of a pregnancy would involve such risk of injury to the health as is mentioned in sub-section (2), account may be taken of the pregnant womans actual or reasonably foreseeable environment. (4) (a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who having attained the age of eighteen years, is a 2[mentally ill person], shall be terminated except with the consent in writing of her guardian. (b) Save as otherwise provided in clause (a), no pregnancy shall be terminated except with the consent of the pregnant woman.

1[4. Place where pregnancy may be terminated.--No termination of pregnancy shall be made inaccordance with this Act at any place other than-- (a) a hospital established or maintained by Government, or (b) a place for the time being approved for the purpose of this Act by Government or a DistrictLevel Committee constituted by that Government with the Chief Medical Officer or District HealthOfficer as the Chairperson of the said Committee: Provided that the District Level Committee shall consist of not less than three and not more than fivemembers including the Chairperson, as the Government may specify from time to time.]

(1) The provisions of section 4, and so much of theprovisions of sub-section (2) of section 3 as relate to the length of the pregnancy and the opinion of notless than two registered medical practitioners, shall not apply to the termination of a pregnancy by aregistered medical practitioner in a case where he is of opinion, formed in good faith, that the terminationof such pregnancy is immediately necessary to save the life of the pregnant woman. 1[(2) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), the termination ofpregnancy by a person who is not a registered medical practitioner shall be an offence punishable withrigorous imprisonment for a term which shall not be less than two years but which may extend to sevenyears 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 bepunishable with rigorous imprisonment for a term which shall not be less than two years but which mayextend to seven years. (4) Any person being owner of a place which is not approved under clause (b) of section 4 shall bepunishable with rigorous imprisonment for a term which shall not be less than two years but which mayextend to seven years. Explanation 1.--For the purposes of this section, the expression owner in relation to a place meansany person who is the administrative head or otherwise responsible for the working or maintenance of ahospital 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 2as relate to the possession, by registered medical practitioner, of experience or training in gynaecologyand obstetrics shall not apply.]