The Medical Termination of Pregnancy Act, 1971

Section 2. In this Act, unless the context otherwise requires

In force · As amended up to 2026-08

(3) In determining whether the continuance of a pregnancy would involve such risk of injury to the health as is mentioned in sub-section (2), account may be taken of the pregnant woman's actual or reasonably foreseeable environment. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 23$) 45 of I860. (4) (a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who, having attained the age of eighteen years, Is a lunatic, shall be terminated except with the consent in writing of her guardian. (b) Save as otherwise provided in clause (a), no pregnancy shall be terminated except with the consent of the pregnant woman. 2. In the Medical Termination of Pregnancy Rules, 2003 (herein after referred to as the said rules), in rule 2, after subrule (e), the following sub-rule shall be inserted, namely:- '(f) "Medical Board" means the Medical Board constituted under sub-section (2C) of section 3 of the 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 pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or («) there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped. Explanation I. —Where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave Injury to the mental health of the pregnant woman. Explanation II.—Where any pregnancy occurs as a result of failure of any device or method used by any married woman or her husband for the purpose of limiting the number of children, the anguish caused by such unwanted pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman. 2. In this Act, unless the context otherwise requires.— (a) "guardian" means a person having the care of the person of a minor or a lunatic; (b) "lunatic" has the meaning assigned to it in section 3 of the Indian Lunacv Act. 1912: i of 191S (c) "minor" means a person who, under the provisions of the Indian Majority Act, 1875, la to be deemed not to have attained hia 9 of 187! majority; (d) "registered medical practitioner" means a medical practitioner who possesses any recognised medical qualification as denned 102 of in clause (h) of section 2 of the Indian Medical Council Act, 1956, L956. whose name has been entered in a State Medical Register and who haa such experience or training in gynaecology and obstetrics as may be prescribed by rules made under this Act. 3. (1) Notwithstanding anything contained In the Indian Penal Code, 45 of I860. 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. In this Act, "Proclamation" means the Proclamation issued on the 15th day of June, 1971, under article 356 of the Constitution by the President, and published with the notification of the Government of India in the Ministry of Home Affairs No. G.S.R. 944 of the said date 2. गभ का जचदकत्सीय समापन जनयम, 2003 (जिन्द्हें इसमें इसके पश्चात् उि जनयम कहा गया है), के जनयम 2 के उपजनयम - (ङ) के पश्चात्, जनम्नजलजखत उपजनयम अंतःस्ट्र्ाजपत दकया िाएगा, अर्ाभत् :- '(च) "जचदकत्सा बोडभ" से अजधजनयम की धारा 3 की उपधारा (2ग) के अधीन गरित जचदकत्सा बोडभ अजभप्रेत है ।'।

Source: India Code