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
MTP Act
- where the length of the pregnancy
does not exceed twelve weeks,
- where the length of the pregnancy
exceeds twelve weeks but does not exceed twenty weeks, if not less than
two medical practitioners are of the opinion, formed by doctor in good
faith that – the continuance of pregnancy would involve a risk to the life
of the pregnant woman or of grave injury to her physical or mental health,
or there is a substantial risk that the child, if born, would suffer from
such physical and mental abnormalities as to be seriously handicapped.
- Where any pregnancy is alleged by
the pregnant woman to have been caused by rape, the anguish caused by such
pregnancy shall be presumed to constitute a grave injury to the mental
health of the pregnant woman.
- Where any pregnancy results as a
result of failure of any device or method used by any woman or her husband
for the purpose of limiting the number of children, the anguish caused by
such pregnancy shall be presumed to constitute a grave injury to the
mental health of the pregnant woman.
- 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
women’s actual or reasonably foreseeable environment.
- No pregnancy of a woman, who has
not attained the age of 18 years, or, who, having attained the age of 18
years is a mentally ill person (substituted for "lunatic" by
Amendment Act, 2002), shall be terminated except with the consent in
writing of her guardian.
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