When termination of pregnancy is not an offence?

Termination of pregnancy was strict before the commencement of medical termination of pregnancy act, 1971. Millions of people were terminating Pregnancy but not even 1% was punished as a result of which the misuse & exploitation was taken place. Just to bring equilibrium, the act was passed which gave conditions under which termination of pregnancy is not an offence.


Section 312 of Indian Penal Code


Section 312 of the Indian Penal Code states that if a person causes miscarriage of a woman with child but doesn’t acted for saving the life of woman then he shall be punishable with imprisonment for a term which may extend to 3 years or fine or both.

When a person miscarries a child when his motion is felt by the mother he shall be punishable with imprisonment which may extend to 7 years along with fine.


Medical Termination of Pregnancy Act, 1971


Medical Termination of Pregnancy Act includes eight section to make the abortion legal in case where there is need and to make it flexible and easy for the woman. It is the right to privacy of the woman including her right to decide about pregnancies and her own body.

Section 3 of the Medical Termination of Pregnancy Act states that a woman can terminate her pregnancy by registered medical practitioner.




Certain conditions are mentioned in the aforementioned act regarding termination of pregnancy where termination is legal –

  • When a pregnancy risks the life of a pregnant woman.
  • When her pregnancy risks her grave injury & adversely affects her physical or mental health.
  • If her pregnancy caused due to rape
  • If there is a risk that the born child may suffer from physical or mental abnormalities.
  • When the device or method used by a married couple to avoid pregnancy has failed.
  • When the pregnant woman has the risk of death due to her environment condition.


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