Wednesday, 11 July 2012

Emedinews:Insights on Medicolegal Issues:the presumption in the case of conduct of pre-natal diagnostic techniques


Medicolegal Update
(Dr Sudhir Gupta, Additional Prof, Forensic Medicine & Toxicology, AIIMS)
What is the presumption in the case of conduct of pre-natal diagnostic techniques?
  • Notwithstanding anything in the Indian Evidence Act, 1872 (1 of 1872), the court shall presume unless the contrary is proved that the pregnant woman has been compelled by her husband or relative to undergo pre-natal diagnostic technique and such person shall be liable for abetment of offence under sub–section (3) of section 23 and shall be punishable for the offence specified under that section.
  • 4th month of intrauterine life of fetus: Quickening is nothing but the perception of movement of fetus by mother; it confirms that the mother knows that she is pregnant. Section 316 of Indian Penal Code is causing death of quick unborn child by act amounting to culpable homicide.
  • 7th month of intrauterine life: Viability
  • 9th month of intrauterine life: Full term fetus

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