37. Notwithstanding any action that may be taken under any other law for the time
being in force, whoever contravenes the provisions of section 4 shall be punished with
imprisonment for a term which shall not be less than three months but which may extend to
two years and with fine which may extend to one lakh rupees, or with both.
38. Whoever fails to comply with any order given by an Ombudsman within such time
as may be specified in such order, under section 26, shall be liable to pay a fine which may
extend to ten thousand rupees and in case the failure continues, with an additional fine
which may extend to five thousand rupees for every day during which such failure continues.
39. Notwithstanding any action that may be taken under any law for the time being in
force, whoever discloses information regarding the HIV status of a protected person which
is obtained by him in the course of, or in relation to, any proceedings before any court, shall
Living wills
for
guardianship
and
testamentary
guardianship.
Suppression
of identity.
Maintenance
applications.
Sentencing.
Penalty for
contravention.
Penalty for
failure to
comply with
orders of
Ombudsman.
Penalty for
breach of
confidentiality
in legal
proceedings.
14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
be punishable with fine which may extend to one lakh rupees unless such disclosure is
pursuant to any order or direction of a court.
40. No person shall subject any other person or persons to any detriment on the
ground that such person or persons have taken any of the following actions, namely:—
(a) made complaint under this Act;
(b) brought proceedings under this Act against any person;
(c) furnished any information or produced any document to a person exercising
or performing any power or function under this Act; or
(d) appeared as a witness in a proceeding under this Act.
41. No court other than the court of a Judicial Magistrate First Class shall take
cognizance of an offence under this Act.
42. Notwithstanding anything contained in the Code of Criminal Procedure, 1973,
offences under this Act shall be cognizable and bailable.