Section 23:
Offences and penalties.
(1) Any medical geneticist, gynaecologist, registered medical
practitioner or any person who owns a Genetic Counselling Centre, a Genetic Laboratory or a Genetic
Clinic or is employed in such a Centre, Laboratory or Clinic and renders his professional or technical
services to or at such a Centre, Laboratory or Clinic, whether on an honorary basis or otherwise, and who
contravenes any of the provisions of this Act or rules made thereunder shall be punishable with
imprisonment for a term which may extend to three years and with fine which may extend to ten thousand
rupees and on any subsequent conviction, with imprisonment which may extend to five years and with
fine which may extend to fifty thousand rupees.
1[(2) The name of the registered medical practitioner shall be reported by the Appropriate Authority
to the State Medical Council concerned for taking necessary action including suspension of the
registration if the charges are framed by the court and till the case is disposed of and on conviction for
removal of his name from the register of the Council for a period of five years for the first offence and
permanently for the subsequent offence.
(3) Any person who seeks the aid of any Genetic Counselling Centre, Genetic Laboratory, Genetic
Clinic or ultrasound clinic or imaging clinic or of a medical geneticist, gynaecologist, sonologist or
imaging specialist or registered medical practitioner or any other person for sex selection or for
conducting pre-natal diagnostic techniques on any pregnant women for the purposes other than those
specified in sub-section (2) of section 4, he shall, be punishable with imprisonment for a term which may
extend to three years and with fine which may extend to fifty thousand rupees for the first offence and for
any subsequent offence with imprisonment which may extend to five years and with fine which may
extend to one lakh rupees.
(4) For the removal of doubts, it is hereby provided that the provisions of sub-section (3) shall not
apply to the woman who was compelled to undergo such diagnostic techniques or such selection.]
Notes:
1 Subs. by s. 19, ibid., for sub-sections (2) and (3) (w.e.f. 14-2-2003).