Section 3:
When pregnancies may be terminated by registered medical practitioners.
(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 registered
medical practitioner,--
(a) where the length of the pregnancy does not exceed twenty weeks, if such medical practitioner
is, or
(b) where the length of the pregnancy exceeds twenty weeks but does not exceed twenty-four
weeks in case of such category of woman as may be prescribed by rules made under this Act, if not
less 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 of
grave 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 physical
or mental abnormality.
Explanation 1.--For the purposes of clause (a), where any pregnancy occurs as a result of failure
of any device or method used by any woman or her partner for the purpose of limiting the number of
children or preventing pregnancy, the anguish caused by such pregnancy may be presumed to
constitute 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 the
pregnant woman to have been caused by rape, the anguish caused by the pregnancy shall be presumed
to 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 termination
of pregnancy at different gestational age shall be such as may be prescribed by rules made under this
Act.
(2B) The provisions of sub-section (2) relating to the length of the pregnancy shall not apply to
the termination of pregnancy by the medical practitioner where such termination is necessitated by
the 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 the
Official Gazette, constitute a Board to be called a Medical Board for the purposes of this Act to
exercise 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 State
Government 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.
Notes:
1. Subs. by Act 8 of 2021, s. 3, for sub-section (2) (w.e.f. 24-9-2021).
2. Subs. by Act 64 of 2002, s. 3, for “lunatic” (w.e.f. 18-6-2003).