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MEDICAL TERMINATION OF PREGNANCY ACT, 1971

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S.1 Short title, extent and commencement

       (1) This Act may be called the Medical Termination of Pregnancy Act, 1971.
       (2) It extends to the whole of India* except the State of Jammu and Kashmir.
       (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
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       * In exercise of the powers conferred by clause (n) of article 371F of the Constitution, the President hereby extends to the State of Sikkim the Medical Termination of Pregnancy
       Act, 1971 (34 of 1971) hereinafter referred to as the said Act, subject to the following modifications, namely:—
       (i) any reference in the said Act to a law not in force or to a functionary not in ex

S.2 Definitions

       In this Act, unless the context otherwise requires,—
       (a) "guardian" means a person having the care of the person of a minor or a 1[mentally ill person];
       2[(b) "mentally ill person" means a person who is in need for treatment by reason of any mental disorder other than mental retardation;]
       (c) "minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875), is to be deemed not to have attained his majority;
       (d) "registered medical practitioner" means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956), whose name has been entered in a State Medical Register and who has such experience or training in gynaeco

S.3 When pregnancies may be terminated by registered medical practitioners

       (1) Not with standing anything contained in the Indian Penal Code (45 of 1860), a registered medical practitioner shall not guilty of any offence under that Code or under any other law for the time being in force, if any under that 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 twelve weeks if such medical practitioner is, or
       (b) Where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioners are, of opinion, formed in good faith, that,-
       (i) the continuance of the pregn

S.4 Place where pregnancy may be terminated

       No termination of pregnancy shall be made in accordance with this Act at any place other than—
       (a) a hospital established or maintained by Government, or
       (b) a place for the time being approved for the purpose of this Act by Government or a District Level Committee constituted by that Government with the Chief Medical Officer or District Health Officer as the Chairperson of the said Committee.
       Provided that the District Level Committee shall consist of not less than three and not more than five members including the Chairperson, as the Government may specify from time to time.]
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        1. Subs. by Act 64 of 2002, sec. 4, for section "4. Place where a pregnancy

S.5 Sections 3 and 4 when not to apply

       (1) The provisions of section 4, and so much of the provisions of sub-section (2) of section 3 as relate to the length of the pregnancy and the opinion of not less than two registered medical practitioners, shall not apply to the termination of a pregnancy by a registered medical practitioner in a case where he is of opinion, formed in good faith, that the termination of such pregnancy is immediately necessary to save the life of the pregnant woman.
       1[(2) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), the termination of pregnancy by a person who is not a registered medical practitioner shall be an offence punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years under that Code, and that Code shall, to this extent, stand modified.
       (3) Whoever ter

Legal Comments

S.6 Power to make rules

       (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
       (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
       (a) the experience or training, or both, which a registered medical practitioner shall have if he intends to terminate any pregnancy under this Act; and
       (b) such other matters as are required to be or may be, provided by rules made under this Act.
       (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one

S.7 Power to make regulations

       (1) The State Government may, by regulations,—
       (a) require any such opinion as is referred to in sub-section (2) of section 3 to be certified by a registered medical practitioner or practitioners concerned, in such form and at such time as may be specified in such regulations, and the preservation or disposal of such certificates;
       (b) require any registered medical practitioner, who terminates a pregnancy, to give intimation of such termination and such other information relating to the termination as may be specified in such regulations;
       (c) prohibit the disclosure, except to such persons and for such purposes as may be specified in such regulations, of intimations given or information furnished in pursuance of such regulations.
       (2) The intimation

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