22. Prohibition of advertisement relating to pre-natal determination of sex and punishment for contravention.-
1. No person, organization, Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic,
including clinic, laboratory or centre having ultrasound machine or imaging machine or scanner
or any other technology capable of undertaking determination of sex of foetus or sex selection
shall issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement, in any form, including internet, regarding facilities of pre-natal
determination of sex or sex selection before conception available at such centre, laboratory, clinic
or at any other place.
2. No person or organization including Genetic Counselling Centre, Genetic Laboratory or Genetic
Clinic shall issue, publish, distribute, communicate or cause to be issued, published, distributed
or communicated any advertisement in any manner regarding pre-natal determination or preconception selection of sex by any means whatsoever, scientific or otherwise.
3. Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to three years and with fine which may
extend to ten thousand rupees.
Explanation.—For the purposes of this section, “advertisement” includes any notice, circular,
label, wrapper or any other document including advertisement through internet or any other
media in electronic or print form and also includes any visible representation made by means of
any hoarding, wall-painting, signal, light, sound, smoke or gas.
23. Offences and penalties.- (1) Any medical geneticist, gynaecologist, registered medical practitioner
or any person who owns a Genetic Counselling Centre, a Genetic Laboratory or a Genetic Clinic or
is employed in such a Centre, Laboratory or Clinic and renders his professional or technical services
to or at such a Centre, Laboratory or Clinic, whether on an honorary basis or otherwise, and who
contravenes any of the provisions of this Act or rules made thereunder shall be punishable with
imprisonment for a term which may extend to three years and with fine which may extend to ten
thousand rupees and on any subsequent conviction, with imprisonment which may extend to five
years and with fine which may extend to fifty thousand rupees.
2. The name of the registered medical practitioner shall be reported by the Appropriate Authority
to the State Medical Council concerned for taking necessary action including suspension of the
registration if the charges are framed by the court and till the case is disposed of and on conviction for removal of his name from the register of the Council for a period of five years for the first
offence and permanently for the subsequent offence.
3. Any person who seeks the aid of a Genetic Counselling Centre, Genetic Laboratory, Genetic
Clinic or ultrasound clinic or imaging clinic or of a medical geneticist, gynaecologist, sonologist
or imaging specialist or registered medical practitioner or any other person for sex selection or
for conducting pre- natal diagnostic techniques on any pregnant women for the purposes other
than those specified in sub-section (2) of section 4, he shall, be punishable with imprisonment for
a term which may extend to three years and with fine which may extend to fifty thousand
rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees.
4. For the removal of doubts, it is hereby provided, that the provisions of sub-section (3) shall not
apply to the woman who was compelled to undergo such diagnostic techniques or such selection.
24. Presumption in the case of conduct of pre-natal diagnostic techniques.- Notwithstanding anything
contained in the Indian Evidence Act, 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.
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.
26. Offences by companies.-
1. Where any offence, punishable under this Act has been committed by a company, every person
who, at the time the offence was committed was in charge of, and was responsible to the
company for the conduct of the business of the company, as well as the company, shall be
deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment, if he proves that the offence was committed without his knowledge or that he had
exercised all due diligence to prevent the commission of such offence.
Act, 1994 & Amendments
. Notwithstanding anything contained in sub-section (1), where any offence punishable under
this Act has been committed by a company and it is proved that the offence has been committed
with the consent or connivance of, or is attributable to any neglect on the part of, any director,
manager, secretary or other officer of the company, such director, manager, secretary or other
officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means any body corporate and includes a firm or other association of individuals, and
(b) ”director”, in relation to a firm, means a partner in the firm.
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 State Government, as the case may be, or the Appropriate Authority; or
(b) a person who has given notice of not less than 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.
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 subsection (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.