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ksvrajuadv
(Querist) 25 August 2013
This query is : Resolved
A FIR registed against a Dai u/s 3,4,5 of Medical Termination of Pregnancy Act 1971 for illigal abortion of a lady of 4 months pregent,case registred after time period of near about 4 months of incident and on the complinat of civil surgeon & SMO & inquiry was conducted after panel of three female doctors & a nurse.my query is that(1) is section 3 & 4 applicable as such no punishment mentioned in section 3 & 4 of MTP Act,(2)Is a lady whose abortion done also liable or not ? (3) whether offence is bailable or non bailable,cognizable or non cognizable ? (4) is 4 months delay is sufficient cause for AB? plz reply soon
Devajyoti Barman
(Expert) 25 August 2013
All these are clearly mentioned in the section you quoted.
Your query is nothing but an academic one.
Apply for AB.
Raj Kumar Makkad
(Expert) 26 August 2013
These are non-bailable offence and there is no need to have specifically mentioning of punishment in those sections. All concerned are liable for the trial.