Sunday 24 March 2024

Important provisions of [Pre-Conception and] Pre-Natal Diagnostic Techniques[(Prohibition of Sex Selection)] Act, 1994


[Act 57 of 1994 as amended up to Act 34 of 2019 and updated as of 31st August 2023]

2. Definitions.—In this Act, unless the context otherwise requires,—

(bb) “embryo” means a developing human organism after fertilisation till the end of eight weeks (fifty-six days);

(bc) “foetus” means a human organism during the period of its development beginning on the fifty-seventh day following fertilisation or creation (excluding any time in which its development has been suspended) and ending at the birth;]

Chapter II


3. Regulation of Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics.

17[3-A. Prohibition of sex selection.—

17. Ins. by Act 14 of 2003, S. 6 (w.e.f. 14-2-2003).

3-B. Prohibition on sale of ultrasound machine, etc., to persons, laboratories, clinics, etc., not registered under the Act.—No person shall sell any ultrasound machine or imaging machine or scanner or any other equipment capable of detecting sex of the foetus to any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other person not registered under the Act.]

Chapter III


4. Regulation of pre-natal diagnostic techniques

5. Written consent of pregnant woman and prohibition of communicating the sex of foetus.—(1) No person referred to in clause (2) of Section 3 shall conduct the pre-natal diagnostic procedures unless—

(a) he has explained all known side and after effects of such procedures to the pregnant woman concerned;

(b) he has obtained in the prescribed form her written consent to undergo such procedures in the language which she understands; and

(c) a copy of her written consent obtained under clause (b) is given to the pregnant woman.

20[(2) No person including the person conducting pre-natal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives or any other person the sex of the foetus by words, signs or in any other manner.]

20. Subs. by Act 14 of 2003, S. 8 (w.e.f. 14-2-2003).

Chapter VII


35[22. Prohibition of advertisement relating to pre-conception and pre-natal determination of sex and punishment for contravention.—

35. Subs. by Act 14 of 2003, S. 18 (w.e.f. 14-2-2003).

23. Offences and penalties.—

37[24. Presumption in the case of conduct of pre-natal diagnostic techniques.—Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), the court shall presume unless the contrary is proved that the pregnant woman was compelled by her husband or any other relative, as the case may be, to undergo pre-natal diagnostic technique for the purposes other than those specified in sub-section (2) of Section 4 and such person shall be liable for abetment of offence under sub-section (3) of Section 23 and shall be punishable for the offence specified under that section.]

37. Subs. by Act 14 of 2003, S. 20 (w.e.f. 14-2-2003).

25. Penalty for contravention of the provisions of the Act or rules for which no specific punishment is provided.—Whoever contravenes any of the provisions of this Act or any rules made thereunder, for which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to one thousand rupees or with both and in the case of continuing contravention with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention.

6. Determination of sex prohibited

Chapter VI


18. Registration of Genetic Counselling Centres, Genetic Laboratories or Genetic Clinics

19. Certificate of registration.—

20. Cancellation or suspension of registration.

21. Appeal.—The Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic may, within thirty days from the date of receipt of the order of suspension or cancellation of registration passed by the Appropriate Authority under Section 20, prefer an appeal against such order to—

(i) the Central Government, where the appeal is against the order of the Central Appropriate Authority; and

(ii) the State Government, where the appeal is against the order of the State Appropriate Authority,

in the prescribed manner...

26. Offences by companies.

27. Offence to be cognizable, non-bailable and non-compoundable.—Every offence under this Act shall be cognizable, non-bailable and non-compoundable.

28. Cognizance of offences.—(1) No court shall take cognizance of an offence under this Act except on a complaint made by—

(a) the Appropriate Authority concerned, or any officer authorised in this behalf by the Central Government or the State Government, as the case may be, or the Appropriate Authority; or

(b) a person who has given notice of not less than 38[fifteen] days in the manner prescribed, to the Appropriate Authority, of the alleged offence and of his intention to make a complaint to the court.

38. Subs. for “thirty” by Act 14 of 2003, S. 21 (w.e.f. 14-2-2003).

Explanation.—For the purpose of this clause, “person” includes a social organisation.

(2) No court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.

(3) Where a complaint has been made under clause (b) of sub-section (1), the court may, on demand by such person, direct the Appropriate Authority to make available copies of the relevant records in its possession to such person.

Chapter VIII


29. Maintenance of records.—(1) All records, charts, forms, reports, consent letters and all other documents required to be maintained under this Act and the rules shall be preserved for a period of two years or for such period as may be prescribed:

Provided that, if any criminal or other proceedings are instituted against any Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, the records and all other documents of such Centre, Laboratory or Clinic shall be preserved till the final disposal of such proceedings.

(2) All such records shall, at all reasonable times, be made available for inspection to the Appropriate Authority or to any other person authorised by the Appropriate Authority in this behalf.

30. Power to search and seize records, etc.—39[(1) If the Appropriate Authority has reason to believe that an offence under this Act has been or is being committed at any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other place, such Authority or any officer authorised in this behalf may, subject to such rules as may be prescribed, enter and search at all reasonable times with such assistance, if any, as such Authority or officer considers necessary, such Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other place and examine any record, register, document, book, pamphlet, advertisement or any other material object found therein and seize and seal the same if such Authority or officer has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act.]

(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this Act.

39. Subs. by Act 14 of 2003, S. 22 (w.e.f. 14-2-2003).

31. Protection of action taken in good faith.—

 [20th September, 1994]

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