Section 5 of The 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. 1[(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.]
Summary
- The place requirements (Section 4), gestational limits, and the need for at least two doctors' opinions (Section 3) do not apply if a registered doctor believes in good faith that an immediate termination is necessary to save the pregnant woman's life.
- In such a life-saving emergency, the doctor performing the termination does not need the specific experience or training in gynaecology and obstetrics normally required under Section 2(d).
- Any person who is not a registered medical practitioner and performs a termination is guilty of an offence under the Indian Penal Code, punishable by rigorous imprisonment (imprisonment with hard labor) for a term between two and seven years.
- Anyone who terminates a pregnancy in an unapproved place (other than those specified in Section 4) faces rigorous imprisonment of two to seven years.
- The owner or administrative head of an unapproved clinic where a termination is performed faces rigorous imprisonment of two to seven years.
- An "owner" is defined as the administrative head or anyone responsible for the working or maintenance of the clinic or hospital.
Practical examples
FAQ
1. When can a doctor perform a termination without following the place and time limits?
These limits do not apply if the registered medical practitioner forms a good faith opinion that the termination is immediately necessary to save the life of the pregnant woman.
2. What is the punishment for a non-doctor who performs a pregnancy termination?
They can be punished under the Indian Penal Code with rigorous imprisonment for a term of two to seven years.
3. What is the punishment for performing a termination in an unapproved place?
The punishment is rigorous imprisonment for not less than two years but which may extend to seven years.
4. Who can be punished as the "owner" of an unapproved place?
The administrative head or the person responsible for the working or maintenance of that place can be punished with rigorous imprisonment for two to seven years.
Test yourself
Q1.Under what condition do the rules regarding approved places and gestational limits not apply to a doctor?
Q2.What qualification requirement is waived for a registered medical practitioner in a life-saving emergency under Section 5?
Q3.What is the punishment for a person who is not a registered medical practitioner performing a termination?
Q4.What is the punishment for terminating a pregnancy in an unapproved place under Section 5?
Q5.What is the penalty for the "owner" of an unapproved place where a termination is performed?
Q6.How is the "owner" of a place defined under Section 5?