THE MEDICAL TERMINATION OF PREGNANCY ACT, 1971 
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ARRANGEMENT OF SECTIONS 

Last updated: 16-12-2021 
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SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
3.  When pregnancies may be terminated by registered medical practitioners. 
4.  Place where pregnancy may be terminated. 
5.  Sections 3 and 4 when not to apply. 
5A. Protection of privacy of a woman. 
6.  Power to make rules. 
7.  Power to make regulations. 
8.  Protection of action taken in good faith. 

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THE MEDICAL TERMINATION OF PREGNANCY ACT, 1971 

ACT NO. 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:— 

1. Short title, extent and commencement.—(1) This Act may be called the Medical Termination of 

[10th August, 1971.] 

Pregnancy Act, 1971. 

(2) It extends to the whole of India 1***. 

(3) It  shall  come  into  force  on  such  date2  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

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

(a) “guardian” means a person having the care of the person of a minor or a 3[mentally ill person]; 

4[(aa) “Medical Board” means the Medical Board constituted under sub-section (2C) of section 3 

of the Act;] 

5[(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 gynaecology and obstetrics as may be prescribed by rules made under this Act. 

4[(e) “termination of pregnancy” means a procedure to terminate a pregnancy by using medical or 

surgical methods.] 

3.  When  pregnancies  may  be  terminated  by  registered  medical  practitioners.  —(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 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. 

6[(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— 

1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-

10- 2019). 

2. 1st April, 1972, vide notification No. G.S.R. 285, dated 19th February, 1972, see Gazette of India, Part II, sec. 3 (i). 
3. Subs. by Act 64 of 2002, s. 2, for “lunatic” (w.e.f. 18-6-2003). 
4. Ins. by Act 8 of 2021, s. 2 (w.e.f. 24-9-2021). 
5. Subs. by s. 2, ibid., for clause (b) (w.e.f. 18-6-2003). 
6. Subs. by Act 8 of 2021, s. 3, for sub-section (2) (w.e.f. 24-9-2021). 

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(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. 

(2B) The provisions of sub-section (2) relating to the length of the pregnancy shall not  apply to 
the  termination  of  pregnancy  by  the  medical  practitioner  where  such  termination  is  necessitated  by 
the diagnosis of any of the substantial foetal abnormalities diagnosed by a Medical Board. 

(2C) Every State Government or Union territory, as the case may be, shall, by notification in the 
Official  Gazette,  constitute  a  Board  to  be  called  a  Medical  Board  for  the  purposes  of  this  Act  to 
exercise such powers and functions as may be prescribed by rules made under this Act. 

(2D) The Medical Board shall consist of the following, namely:— 

(a) a Gynaecologist; 

(b) a Paediatrician; 

(c) a Radiologist or Sonologist; and 

(d)  such  other  number  of  members  as  may  be  notified  in  the  Official  Gazette  by  the  State 

Government or Union territory, as the case may be.] 

(3) In determining whether the continuance of a pregnancy would involve such risk of injury to 
the health as is mentioned in sub-section (2), account may be taken of the pregnant woman’s actual or 
reasonably foreseeable environment. 

(4) (a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who having 
attained  the  age  of  eighteen  years,  is  a  1[mentally  ill  person],  shall  be  terminated  except  with  the 
consent in writing of her guardian.] 

(b) Save as otherwise provided in clause (a), no pregnancy shall be terminated except with 

the consent of the pregnant woman. 

2[4. Place where  pregnancy  may  be  terminated.—No  termination  of  pregnancy  shall  be  made  in 

accordance with this Act at any place other than— 

(a) a hospital established or maintained by Government, or 

(b) a place for the time being approved for the purpose of this Act by Government or a District 
Level Committee constituted by that Government with the Chief Medical Officer or District Health 
Officer as the Chairperson of the said Committee: 

Provided that the District Level Committee shall consist of not less than three and not more than five 

members including the Chairperson, as the Government may specify from time to time.] 

1. Subs. by Act 64 of 2002, s. 3, for “lunatic” (w.e.f. 18-6-2003). 
2. Subs. by s. 4, ibid., for section 4 (w.e.f. 18-6-2003). 

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5.  Sections  3  and  4  when  not  to  apply.—(1)  The  provisions  of  section  4,  and  so  much  of  the 
provisions of sub-section (2) of section 3 as relate to the length of the pregnancy and the opinion of not 
less  than  two  registered  medical  practitioners,  shall  not  apply  to  the  termination  of  a  pregnancy  by  a 
registered medical practitioner in a case where he is of opinion, formed in good faith, that the termination 
of such pregnancy is immediately necessary to save the life of the pregnant woman. 

1[(2) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), the termination of 
pregnancy by a person who is not a registered medical practitioner shall be an offence punishable with 
rigorous imprisonment for a term which shall not be less than two years but which may extend to seven 
years under that Code, and that Code shall, to this extent, stand modified. 

(3)  Whoever  terminates  any  pregnancy  in  a  place  other  than  that  mentioned  in  section  4,  shall  be 
punishable with rigorous imprisonment for a term which shall not be less than two years but which may 
extend to seven years. 

(4) Any person being owner of a place which is not approved under clause (b) of section 4 shall be 
punishable with rigorous imprisonment for a term which shall not be less than two years but which may 
extend to seven years. 

Explanation 1.—For the purposes of this section, the expression “owner” in relation to a place means 
any person who is the administrative head or otherwise responsible for the working or maintenance of a 
hospital or place, by whatever name called, where the pregnancy may be terminated under this Act. 

Explanation 2.—For the purposes of this section, so much of the provisions of clause (d) of section 2 
as  relate  to  the  possession,  by  registered  medical  practitioner,  of  experience  or training  in  gynaecology 
and obstetrics shall not apply.] 

2[5A.  Protection  of  privacy  of  a  woman.—(1)  No  registered  medical  practitioner  shall  reveal  the 
name and other particulars of a woman whose pregnancy has been terminated under this Act except to a 
person authorised by any law for the time being in force. 

(2)  Whoever  contravenes  the  provisions  of  sub-section  (1)  shall  be  punishable  with  imprisonment 

which may extend to one year, or with fine, or with both.] 

6. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules to carry out the provisions of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a)  the  experience  or  training,  or  both,  which  a  registered  medical  practitioner  shall  have  if  he 

intends to terminate any pregnancy under this Act; and 

 3[(aa) the category of woman under clause (b) of sub-section (2) of section 3;  

(ab) the norms for the registered medical practitioner whose opinion is required for termination of 

pregnancy at different gestational age under sub-section (2A) of section 3;  

(ac) the powers and functions of the Medical Board under sub-section (2C) of section 3.] 

(b) such other matters as are required to be or may be, provided by rules made under this Act. 

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it 
is made, before each House of Parliament while it is in session for a total period of thirty days which may 
be  comprised  in  one  session  or  in  two  successive  sessions,  and  if,  before  the  expiry  of  the  session  in 
which it is so laid or the session immediately following, both Houses agree in making any modification in 
the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in 

1. Subs. by Act 64 of 2002, s. 5, for sub-section (2) and the Explanation (w.e.f. 18-6-2003). 
2. Ins. by Act 8 of 2021, s. 4 (w.e.f. 24-9-2021). 
3. Ins. by Act s. 5, ibid. (w.e.f. 24-9-2021). 

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such  modified  form  or  be of  no  effect,  as  the case  may  be; so, however, that any  such  modification  or 
annulment shall be without prejudice to the validity of anything previously done under that rule. 

7. Power to make regulations.—(1) The State Government may, by regulations,— 

(a) require any such opinion as is referred to in sub-section (2) of section 3 to be certified by a 
registered medical practitioner or practitioners concerned, in such form and at such time as may be 
specified in such regulations, and the preservation or disposal of such certificates; 

(b) require any registered medical practitioner, who terminates a pregnancy, to give intimation of 
such termination and such other information relating to the termination as may be  specified in such 
regulations; 

(c) prohibit the disclosure, except to such persons and for such purposes as may be specified in 

such regulations, of intimations given or information furnished in pursuance of such regulations. 

(2) The intimation given and the information furnished in pursuance of regulations made by virtue of 
clause (b) of sub-section (1) shall be given or furnished, as the case may be, to the Chief Medical Officer 
of the State. 

1[(2A) Every regulation made by the State Government under this Act shall be laid, as soon as may be 

after it is made, before the State Legislature.] 

(3)  Any  person  who  wilfully  contravenes  or  wilfully  fails  to  comply  with  the  requirements  of  any 
regulation made under sub-section (1) shall be liable to be punished with fine which may extend to one 
thousand rupees. 

8. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against any 
registered medical practitioner for any damage caused or likely to be caused by anything which is in good 
faith done or intended to be done under this Act. 

1. Ins. by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005). 

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