| Topics |
Headnote |
Judgement |
| PRE-CONCEPTION & PRE-NATAL DIAGNOSTIC TECHNIQUES (PROHIBITION OF SEX SELECTION) ACT, 1994 |
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| PRE-CONCEPTION & PRE-NATAL DIAGNOSTIC TECHNIQUES (PROHIBITION OF SEX SELECTION) ACT, 1994 |
CrPC — S 482— Quashing of complaint — PNDT ACT — Ss 4, 5, 6, 29 — PNDT Rule — R 9, 10-A & 18 — no allegations — that the written consent was not obtained before conducting the procedure—Certain omissions in the consent forms —mobile number was not mentioned — Thumb impression was not attested— No complaints of conducting the procedure without obtaining the consent and not giving copy of the consent form to such woman—not the case that Appropriate Authority had investigated any complaint received or conducted inquiry on its own— Complaint quashed. (Para 19) |
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| PRE-CONCEPTION & PRE-NATAL DIAGNOSTIC TECHNIQUES (PROHIBITION OF SEX SELECTION) ACT, 1994 |
CrPC — S 482— Quashing of complaint — PNDT ACT — Ss 4, 5, 6, 29 — PNDT Rule — R 9, 10-A & 18 — Petitioner was following the procedure to obtain the consent of the pregnant woman in a prescribed proforma —certain information found to be not recorded — complete address, mobile number was not recorded. —prosecution initiated against the petitioner is not sustainable in law —allegations made are so absurd that no prudent person can ever reach to conclusion that there are sufficient grounds to proceed against the petitioner— Complaint quashed. (Para 21 & 22) |
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| PRE-CONCEPTION & PRE-NATAL DIAGNOSTIC TECHNIQUES (PROHIBITION OF SEX SELECTION) ACT, 1994 |
PNDT ACT — S 5 — PNDT Rule — R 9 — Violation of — Unintentional & inadvertent mistakes in not recording certain details itself not amounts to violation of Section 5 . (Para 21) |
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| PRE-CONCEPTION & PRE-NATAL DIAGNOSTIC TECHNIQUES (PROHIBITION OF SEX SELECTION) ACT, 1994 |
PNDT ACT — S 5 —Requirement under — the written consent of the pregnant woman to be obtained before conducting the pre-natal diagnostic procedure as well as the manner in which the consent to be obtained. (Para 19) |
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| PRE-CONCEPTION & PRE-NATAL DIAGNOSTIC TECHNIQUES (PROHIBITION OF SEX SELECTION) ACT, 1994 |
PNDT ACT — S 5(1)(a) —Requirement under — Person conducting pre-natal diagnostic techniques shall not conduct the said procedure — unless such pregnant woman explained of known side and after effects of such procedure. (Para 19) |
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| PRE-CONCEPTION & PRE-NATAL DIAGNOSTIC TECHNIQUES (PROHIBITION OF SEX SELECTION) ACT, 1994 |
PNDT ACT — S 5(1)(b) —Requirement under — the person conducting the pre-natal diagnostic technique shall not conduct the procedure unless he has obtained the consent of such woman to undergo such procedure in the language which she understands — & copy of her written consent is given to such woman. (Para 19) |
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| PRE-CONCEPTION & PRE-NATAL DIAGNOSTIC TECHNIQUES (PROHIBITION OF SEX SELECTION) ACT, 1994 |
PNDT ACT — S 6 — violation of — Nowhere disclosed in the complaint that the petitioner has conducted any pre-natal diagnostic procedure for determining the sex of the foetus — before or after conception —Sec 6 not violated. (Para 19) |
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| PRE-CONCEPTION & PRE-NATAL DIAGNOSTIC TECHNIQUES (PROHIBITION OF SEX SELECTION) ACT, 1994 |
PNDT ACT — S 29 —Requirement under — the record as required to be maintained —or to be preserved for two years —or such period and such record is to be made available for such inspection —at all reasonable times, for the inspection of the Appropriate Authority or person authorized by the Appropriate Authority. (Para 20) |
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| PRE-CONCEPTION & PRE-NATAL DIAGNOSTIC TECHNIQUES (PROHIBITION OF SEX SELECTION) ACT, 1994 |
PNDT Act — S 29 —Offence under — No allegations that the appellant destroyed the record before the period prescribed under the said provisions— Mistakes in maintenance of record — Detailed explanation by the petitioner — Section 29 not violated —of the said Act is not attracted. (Para 20) |
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