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MEDICAL TERMINATION OF PREGNANCY ACT, 1971
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3A.
MEDICAL TERMINATION OF PREGNANCY RULES, 2003
5. Approval of a place
6. Inspection of a place
7. Cancellation or suspension of certi cate of approval
8. Review
9. Form of consent
10. Repeal and saving
MEDICAL TERMINATION OF PREGNANCY REGULATIONS, 2003
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Medical Termination of Pregnancy Act, 1971
[34 OF 1971*]
An Act to provide for the termination of certain pregnancies by registered medical practitioners and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:—
Short title, extent and commencement.
1. (1) This Act may be called the Medical Termination of Pregnancy Act, 1971.
1(2) It extends to the whole of India 2[***]
(3) It shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint.
Definitions.
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 4[mentally ill person];
1. Notification No. S.O. 463(E), dated 29-3-2007: In exercise of the powers conferred by clause (n) of article 371F of the Constitution, the President hereby extends to the State of Sikkim the Medical Termination of Pregnancy Act, 1971 (34 of 1971) hereinafter referred to as the said Act, subject to the following modifications, namely :— (i) any reference in the said Act to a law not in force or to a functionary not in existence; in the Slate of Sikkim shall be construed as a reference to the corresponding law in force, or to the corresponding functionary in existence, in the State : Provided that if any question arises as to who such corresponding functionary is, or if there is no such corresponding functionary, the Central Government shall decide as to who such functionary shall be and the decision of the Central Government in that regard shall be final; (ii) the provisions of the said Act come into force in the State of Sikkim on such date as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of the said Act and for different areas in the State of Sikkim and any reference in any such provision to the commencement of the Act shall be construed as a reference to the coming into force of that provision in the area where it has been brought into force.
2. Words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019.
3. W.e.f. 1-4-1972.
4. Substituted for “lunatic” by the Medical Termination of Pregnancy (Amendment) Act, 2002, w.e.f. 18-6-2003.
*Dated 10-8-1971.
S. 3 MEDICAL TERMINATION OF PREGNANCY ACT, 1971 2
5[(aa) “Medical Board” means the Medical Board constituted under sub-section (2C ) of section 3 of the Act;]
6[(b) “mentally ill person” means a person who is in need of treatment by reason of any mental disorder other than mental retardation;]
(c) “minor” means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875), is to be deemed not to have attained his majority;
(d) “registered medical practitioner” means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956), whose name has been entered in a State Medical Register and who has such experience or training in gynecology and obstetrics as may be prescribed by rules made under this Act.
5[(e) “termination of pregnancy” means a procedure to terminate a pregnancy by using medical or surgical methods.]
COMMENTS
SECTION NOTES
2.1 Termination of Pregnancy [Section 2(e)]
“Termination of pregnancy” means a procedure to terminate a pregnancy by using medical or surgical methods.
2.2 Registered Medical Practitioner [Section 2(d)]
“Registered medical practitioner” means a medical practitioner satisfying the following criteria: He/she possesses any recognised medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956
His/her name has been entered in a State Medical Register and He/she has such experience or training in gynaecology and obstetrics as may be prescribed by rules made under this Act. [See Rule 4 of the Medical Termination of Pregnancy Rules, 2003]
Any RMP, even if he/she does not have prescribed experience or training in gynaecology and obstetrics, shall be regarded as an RMP for medical termination of pregnancy and can medically terminate a pregnancy if he/she is of the opinion, formed in good faith, that the termination of such pregnancy is immediately necessary to save the life of the pregnant woman. [See section 5]
When pregnancies may be terminated by registered medical practitioners.
3. (1) Notwithstanding anything contained in the Indian Penal Code* (45 of 1860), a registered medical practitioner shall not be guilty of any offence under that Code
5. Inserted by the Medical Termination of Pregnancy (Amendment) Act, 2021, w.e.f. 24-9-2021.
6. Substituted by the Medical Termination of Pregnancy (Amendment) Act, 2002, w.e.f. 18-6-2003. Prior to substitution, clause (b) read as under :
“(b) “lunatic” has the meaning assigned to it in section 3; of the Indian Lunacy, Act, 1912 (4 of 1912)”.
*Bharatiya Nyaya Sanhita, 2023.
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.
7[(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 twenty weeks, if such medical practitioner is, or
(b) where the length of the pregnancy exceeds twenty weeks but does not exceed twenty-four weeks in case of such category of woman as may be prescribed by rules made under this Act, if not less than two registered medical practitioners are, of the 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
(ii) there is a substantial risk that if the child were born, it would suffer from any serious physical or mental abnormality.
Explanation 1.—For the purposes of clause (a), where any pregnancy occurs as a result of failure of any device or method used by any woman or her partner for the purpose of limiting the number of children or preventing pregnancy, the anguish caused by such pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman.
Explanation 2.—For the purposes of clauses (a) and (b), where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by the pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.
(2A) The norms for the registered medical practitioner whose opinion is required for termination of pregnancy at different gestational age shall be such as may be prescribed by rules made under this Act.
7. Substituted by the Medical Termination of Pregnancy (Amendment) Act, 2021, w.e.f. 24-9-2021. Prior to substitution, sub-section (2) read as under :
“(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
(ii) 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.”
Medical Termination of Pregnancy Act 1971 with Rules – Bare Act with Section Notes
AUTHOR :
TAXMANN'S EDITORIAL BOARD
PUBLISHER : TAXMANN
DATE OF PUBLICATION : JANUARY 2025
EDITION : 2025 EDITION
ISBN NO : 9789364557375
NO. OF PAGES : 40
BINDING TYPE : PAPERBACK
DESCRIPTION
Medical Termination of Pregnancy Act 1971 with Rules [Bare Act with Section Notes] by Taxmann A comprehensive, up-to-date Bare Act on India's legislation governing medical termination of pregnancies. This edition consolidates the principal Act, Medical Termination of Pregnancy Rules, 2003, and Medical Termination of Pregnancy Regulations, 2003. Detailed notes, judicial references, and practical insights on legal safeguards, responsibilities, and procedures support each section. This book is intended for the following audience:
• Legal Professionals & Advocates
• Judiciary & Government Officials
• Doctors & Healthcare Administrators
• Academics & Students
• NGOs & Advocacy Groups
The Present Publication is the 2025 Edition, covering the amended and updated text of the Medical Termination of Pregnancy Act 1971 [Act No. 34 of 1971] and Rules & Regulations, with the following noteworthy features:
• [Complete Bare Act Text] Full text of the MTP Act (as amended), integrated with statutory rules
• [Section Notes & Commentary] Concise explanations for each section, highlighting legal implications and procedural requirements
• [Updated Amendments] Incorporates all changes up to 2025, including revised gestational limits, definitions, privacy provisions, and consent requirements
• [Pre-amendment Provisions] Footnotes reflect earlier versions of amended provisions, clarifying pre- and post-amendment legal positions.
• [Incorporation of Key Rules & Regulations]
o Medical Termination of Pregnancy Rules, 2003 (as amended)
o Medical Termination of Pregnancy Regulations, 2003 (as amended)
• [Case Law References] Summaries of landmark Supreme Court and High Court decisions, offering practical judicial interpretations
• [User-friendly Format] Well-structured layout with marginal headings, subheadings, and an easily navigable table of contents and subject index
• [Guidance on Approvals & Certifications] Detailed procedures for medical establishments, covering approvals, inspections, record-keeping, and privacy mandates
