Prosecutrix X vs State Of Madhya Pradesh And Others

Sandeep N. Bhatt, J

Learned counsel for the State has pointed out that the victim is aged 15 years 11 months and 29 days (almost 16 years). At the time of reference of the victim to the Medical Board, she was having a pregnancy of 6 weeks and 3 days and the matter was referred to the Medical Board for necessary opinion as required under the provisions of the Medical Termination of Pregnancy Act, 1971. The Medical Board has found that the pregnancy of the victim is 7 weeks and 6 days as per the opinion dated 03.04.2026.

It is also relevant to refer to Section 3 more particularly clause (a) of sub-section (2) of Section 3 of the Medical Termination of Pregnancy Act, 1971. Section 3 of the said Act is reproduced as under:-

"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.

(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.

(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 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.".

Considering the sub-section (2) of Section 3 of the Act, this Court finds that the permission is not required from the High Court when the length of the pregnancy does not exceed 20 weeks. In the present case, the parents of the girl have also shown their willingness to terminate the pregnancy of the victim and the Medical Board opines that the patient is fit for termination of pregnancy and it is open for the Medical Board to give its opinion and accordingly proceed further.

Without giving any further direction, in view of the aforesaid provision, let the Medical Board may take appropriate decision in accordance with law.

With the aforesaid observations, the petition stands disposed of.