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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