Termination of pregnancy performed in good faith to save the woman's life does not constitute an offence under IPC Section 312.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 For short ‘Cr.P.C’, has been filed by the Petitioner/Accused No.3, seeking to quash the proceedings against her in P.R.C.No.22 of 2022 on the file of the Court of II Additional Judicial First Class Magistrate, Prakasam District at Ongole for the offence under Section 312 of Indian Penal Code, 1860 For short ‘NI Act’.

2. Heard Sri K.Prudhvi Raj, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for State/Respondent No.1. Inspite of service of notice, none appeared for Respondent No.2.

3. Learned counsel for the Petitioner would submit that, the Petitioner herein is Accused No.3, who is a Doctor and Medical Practitioner. It is alleged against the Petitioner that, she caused miscarriage of pregnancy of Respondent No.2, who is the victim woman. Learned counsel would further submit that, in fact, the case has been lodged against Accused Nos.1 and 2 for the offence under Sections 354, 376, 312, 506 and 109 IPC. The Petitioner is facing the allegation for the offence under Section 312 IPC. Learned counsel would further submit that the statements of the victim and other witnesses before the Police are very clearly to the effect that the victim got unwanted pregnancy through a forcible sexual act committed by Accused No.1 and ultimately the parents of the victim approached Accused No.1 for the marriage, but, he bluntly refused for the same. Then, the parents and elders of the victim woman took her to the hospital and convinced the Petitioner that the victim woman was suffering from a dangerous health issue i.e., she was carrying high risk pregnancy and developed sepsis, due to which, the Petitioner herein aborted the pregnancy of the victim woman only to save her life. Learned counsel would finally submit that a false case has been lodged against the Petitioner, who is a Registered Medical Practitioner. Therefore, continuation of proceedings against the Petitioner is mere abuse of process of law.

4. Learned Assistant Public Prosecutor vehemently opposed the petition.

5. A bare perusal of Section 482 makes it clear that the Code envisages that inherent powers of the High Court are not limited or affected so as to make orders as may be necessary; (i) to give effect to any order under the Code or, (ii) to prevent abuse of the process of any Court or, otherwise (iii) to secure ends of justice. A court while sitting in Section 482 jurisdiction is not functioning as a trial court, court of appeal or a court of revision. It must exercise its powers to do real and substantial justice, depending on the facts and circumstances of the case. These powers must be invoked for compelling reasons of abuse of process of law or glaring injustice, which are against sound principles of criminal jurisprudence.

6. Before going to discuss the issue in the present case, it is beneficial to extract Sections 3, 4 and 5 of The Medical Termination of Pregnancy Act, 1971 and Section 312 IPC, which read as follows:

“ 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.

(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 t