What are the offences and punishments under this law ?

Last updated on Apr 8, 2022

Every offence under this law is cognizable, non-bailable and non-compoundable.1

Offence Punishment
Violation of the law by any medical professional or any person who owns a registered centre, or is employed in or renders their professional or technical services at a registered centre. First offence – Jail time for up to 3 years, along with a fine of up to Rs. 10,000. Subsequent offences – Jail time for up to 5 years, along with a fine of up to Rs. 50,000.2
For doctors and registered medical practitioners: Suspension of the registration until the case is disposed of and on conviction, removal of their name from the register for a period of five years for the first offence, and permanently for the subsequent offence.3 First offence – Jail time for up to 3 years, along with a fine of up to Rs. 50,000. Subsequent offences – Jail time for up to 5 years, along with a fine of up to Rs. 1,00,000.4
Any person seeking sex selection or prenatal diagnostic procedures and breaking the law (excluding pregnant women forced to undergo the procedure)5 First offence – Jail time for up to 3 years, along with a fine of up to Rs. 50,000. Subsequent offences – Jail time for up to 5 years, along with a fine of up to Rs. 1,00,000.4
Advertising sex determination or sex selection facilities Jail time for up to 3 years, along with a fine of up to Rs. 10,000.6
  1. Section 27, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.[]
  2. Section 23(1),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.[]
  3. Section 23(2),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.[]
  4. Section 23(3),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.[][]
  5. Section 23(4),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.[]
  6. Section 22(3), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.[]

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What does the law prohibit?

The law prohibits conducting sex selection or prenatal diagnostic procedures, determining and communicating the sex of the foetus, selling machines for sex determination and advertising sex determination facilities.
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What is sex selection?

Sex selection includes any procedure, technique, test or administration or prescription or provision of anything to ensure or increase the probability that an embryo will be of a particular sex.
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When are prenatal diagnostic procedures permitted?

The Indian law allows the use of prenatal diagnostic procedures in certain limited circumstances, mentioned herein.
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Who does the law apply to?

The law prohibits anyone from doing or allowing any sex selection procedures and regulates every person who could be involved in the process of sex selection.
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What are prenatal diagnostic procedures?

It includes any gynaecological, obstetrical or medical procedures such as ultrasonography, to conduct any prenatal diagnostic tests for sex selection, before or after conception.
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Where can prenatal diagnostic procedures be conducted?

The law states that only Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics (registered centres) that are registered under the law can conduct permitted prenatal diagnostic procedures.
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