AI Overview...
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Sections 23 and 25 of the PCPNDT Act, 1994 - These sections pertain to penalties and punishments for violations of the Act. Section 23 specifies the punishments for contraventions, including imprisonment and fines, while Section 25 deals with the cognizance of offences and procedural aspects. Notably, Section 28(1)(a) emphasizes that no court shall take cognizance of an offence under the Act without prior approval or complaint from an authorized officer. HASMUKH MOHANBHAI GOSWAMI VS STATE OF GUJARAT - Gujarat
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Section 23(1) and 23(2) - These subsections define the nature of offences and prescribe punishments, including imprisonment and fines, for violations such as sex-selective practices and improper record-keeping. There have been legal debates on the constitutionality and scope of these sections, with some petitions challenging their validity and seeking guidelines to prevent misuse. Federation of Obstetrics and Gynecological Societies of India (FOGSI) VS Union of India - Supreme Court
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Actual Enforcement and Misuse Prevention - The Act aims to regulate preconception and prenatal diagnostic techniques to prevent sex selection, with specific provisions for seizure of equipment, record maintenance, and penalties. Courts have addressed issues like responsibility for record-keeping and the responsibility of clinics, emphasizing strict compliance to avoid penalties. Janaki Ultra Sound Center, Jalna Road, Bhokardan, District Jalna, through authorized Handler VS Appropriate Authority Under PCPNDT Act and Naib Tahsildar, Bhokardan, District Jalna - Bombay, Tukaram VS State of Maharashtra - Bombay
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Legal Interpretations and Challenges - Courts and authorities have debated the interpretation of Sections 23 and 25, especially regarding the scope of offences and procedural safeguards. There are ongoing discussions on framing guidelines to classify offences and prevent misuse while ensuring the Act's objectives are met. Some judgments focus on constitutional validity and the need for clear procedural safeguards. Federation of Obstetrics and Gynecological Societies of India (FOGSI) VS Union of India - Supreme Court, SEQUENOM INC vs THE CONTROLLER OF PATENTS - Delhi
Analysis and Conclusion:
The PCPNDT Act, particularly Sections 23 and 25, establishes a framework for penalizing violations related to sex determination and prenatal diagnostics, emphasizing strict enforcement and procedural safeguards. Legal challenges focus on balancing effective regulation with constitutional rights, with courts advocating for clear guidelines to prevent misuse while upholding the Act's primary goal of preventing sex-selective practices. The Act's provisions are designed to ensure responsible conduct by clinics and authorities, with penalties including fines and imprisonment for violations. HASMUKH MOHANBHAI GOSWAMI VS STATE OF GUJARAT - Gujarat, Janaki Ultra Sound Center, Jalna Road, Bhokardan, District Jalna, through authorized Handler VS Appropriate Authority Under PCPNDT Act and Naib Tahsildar, Bhokardan, District Jalna - Bombay, Federation of Obstetrics and Gynecological Societies of India (FOGSI) VS Union of India - Supreme Court, Tukaram VS State of Maharashtra - Bombay, SEQUENOM INC vs THE CONTROLLER OF PATENTS - Delhi
Search Results for "Pcpndt Act Sec 23 25 Actual"
2018 0 Supreme(Guj) 263 • India - Gujarat
J.B.PARDIWALA
Preconception and Prenatal Diagnostic Techniques (Regulations and Prevention of misuse) Act, 1994 – Sections ... respondent No.2 herein under provisions of Preconception and Prenatal Diagnostic Techniques (Regulations and Prevention of misuse) Act ... the PCPNDT Act. ... If we look into the provisions of PCPNDT Act, then u/s 28(1)(a) of the said Act it is specifically provided that no Court shall take cognizance of an offence under the PCPNDT #HL_STA....
2015 0 Supreme(Bom) 391 • India - Bombay
RAVINDRA V.GHUGE
Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 - Section 30(1) Pre-Conception and Pre-Natal ... ingredients of Rule 12 of Rules, 1996 in report of Committee, seizure of sonography machine for alleged violation of provisions of Act ... Shri Warma, therefore, submits that the impugned order passed by the District Appropriate Authority, Jalna under the Preconception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 ('PCPNDT Act, 1994')....
2019 6 Supreme 133 • India - Supreme Court
ARUN MISHRA, VINEET SARAN
(1), 23(2) or to read down Section 20 or 30 of the Act. ... , 1994 and challenging the constitutional validity of Sections 23(1) and 23(2) of the Act and seeking ... and 6 - Other Forms are also important and interlinked, operating in tandem with one another - Held, punishment prescribed u/s 23 ... With these averments, it has been prayed for framing appropriate guidelines and safeguard parameters, providing for classification of offences as well, so as to prohibit the misuse of the #H....
2023 0 Supreme(Bom) 2207 • India - Bombay
S. G. MEHARE
Whether the petitioner was responsible for maintaining records under the Act and Rules. 3. ... KEYWORD - SUBJECT - ACT SECTION LIST - SUMMARY Fact of the Case: p align="justify ... of a Genetic Clinic, was convicted under the Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act ... Further, it is contended that he knew that PCPNDT Act came into force on January 1, 1996, as per the said Act, the following things i.e. violating the provisions of the said ....
2025 Supreme(Online)(Del) 7676 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M. SINGH, J
Section 3 (i) of the Act. 5. In rejoinder, ld. Counsel for the Appellant submits that considering the legislative intent behind the enactment of the PCPNDT Act, the broad definition of ‘Pre-Natal Diagnostic Test’ under a href="./.. ... It has to be adjudged on the basis of the actual contribution which is being made to the art by the invention. VII. Submissions on behalf of the ld. Amicus Curiae 39. Mr. Adarsh Ramanujan, ld. ... 25. He, further, submits that Section 3 (i) of the Act i....
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