32. Sex selective assisted reproductive technology. — (1) The clinic, or bank or agent
thereof, shall not issue, publish, distribute, communicate or cause to be issued, published,
distributed or communicated any advertisement in any manner including internet, regarding
facilities of sex selective assisted reproductive technology.
(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with
imprisonment for a term which shall not be less than five years but may extend to ten years or
with fine which shall not be less than ten lakh rupees but may extend to twenty-five lakh rupees
or with both.
33. Offences and penalties. — (1) Any medical geneticist, gynaecologist, registered medical
practitioner or any person shall not—
(a) abandon, disown or exploit or cause to be abandoned, disowned or exploited in any
form the child or children born through assisted reproductive technology;
(b) sell human embryos or gametes, run an agency, a racket or an organisation for
selling, purchasing or trading in human embryos or gametes;
(c) import or help in getting imported in whatsoever manner, the human embryos or
human gametes;
(d) exploit the commissioning couple, woman or the gamete donor in any form;
(e) transfer human embryo into a male person or an animal;
(f) sell any human embryo or gamete for the purpose of research; or
(g) use any intermediates to obtain gamete donors or purchase gamete donors.
(2) Whoever contravenes the provisions of clauses (a) to (g) of sub-section (1), shall be
punishable with a fine which shall not be less than five lakh rupees but may extend to ten lakh
rupees for the first contravention and for subsequent contravention, shall be punishable with
imprisonment for a term which shall not be less than three years but may extend to eight years
and with fine which shall not be less than ten lakh rupees but may extend to twenty lakh rupees.
34. Punishment for contravention of provisions of 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 provided in this Act shall be punishable
as per sub-section (2) of section 33.
35. Cognizance of offences. — (1) No court shall take cognizance of any offence punishable
under this Act, save on a complaint made by the National Board or the State Board or by an
officer authorised by it.
(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first
class shall try any offence punishable under this Act.
36. Offences to be cognizable and bailable. — Notwithstanding anything contained in the
Code of Crimincal Procedure, 1973 (2 of 1974), all the offences under this Act shall be
cognizable and bailable.
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37. Offences by clinics or banks.— (1) Where an offence under this Act has been
committed by any clinic or bank, the executive head of such clinic or bank shall be deemed to
be guilty of an offence and shall be liable to be proceeded against and punished accordingly
unless 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.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act
has been committed by any clinic or bank 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 officer,
other than the executive head of the clinic or bank, such officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded against and punished accordingly.