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What are the offences and punishments under this law?

Last updated on Jun 16, 2022

Offence 

Punishment
A doctor causing the death of a pregnant woman through an illegal abortion procedure where the woman consented to the procedure Jail time for up to 10 years, along with a fine1
A doctor causing the death of a pregnant woman through an illegal abortion procedure where the woman had not consented to the procedure Jail time between 10 years and life imprisonment, along with a fine 2
Abortion carried out by a person who is not a registered medical practitioner Rigorous jail time between 2 and 7 years
Anyone forcing a pregnant woman to have an abortion or performing one without her consent Jail time for up to 10 years and/or a fine 3
Doctor performing an abortion in a place that is not authorised by the government Rigorous jail time between 2 and 7 years for the doctor and the owner or in-charge of that hospital

  1. Section 316, Indian Penal Code, 1860.[↩]

  2. Section 314, Indian Penal Code, 1860.[↩]

  3. Section 315, Indian Penal Code, 1860.[↩]

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Related Resources

Guide to Accessing Safe Abortions

The Nyaaya Guide to Accessing Safe Abortions aims to highlight the rights available to women accessing abortions and the processes to be followed for a safe and legal abortion. 

Who does this law apply to?

A pregnant woman can seek a legal abortion under two circumstances - to safeguard her health and in case of fetal abnormality.

What are the abortion records to be kept by hospitals and doctors?

By way of records of an abortion, hospitals must maintain the doctor's opinion, the consent form of the patient and admission registers

Can a married woman terminate an unwanted pregnancy?

Within 20 weeks of the pregnancy, the doctor can perform the abortion if the married woman desires and is necessary for her mental health.

Does a woman suffering from mental illness have the right to get an abortion?

Consent of a guardian is necessary to perform abortion on a woman suffering from any mental illness under the MTP Act 1971.

Who can seek Maternity Benefits?

Maternity benefits can be sought by expectant mothers, adoptive mothers as well as those recovering from an abortion or tubectomy.