Prosecutrix X vs State Of Madhya Pradesh And Others

Sanjeev S Kalgaonkar, J

The Additional Sessions Judge, Amarwara, District Chhindwara, vide letter dated 20.04.2026, has forwarded this matter relating to the Medical Termination of Pregnancy in compliance of the order dated 20.02.2025 passed in W.P. No.5184/2025 by a Division Bench of this Court. It is informed that the Police Station, Amarwara has registered an FIR at Crime No.159/2026 for the offence punishable under Sections 64(2) and 351(3) of BNS, 2023. The victim of the alleged offence, aged about 35 years, is pregnant with 28 weeks. Her father submitted an application requesting for medical termination of pregnancy to the SHO of the Police Singodi, PS Amarwada , District Chhindwara. In compliance of the order of the Court, a Medical Board was constituted comprising two gynecologic experts. The Medical Board reported as under :-

"जिसके आधार पर यह पाया à¤-या कि à¤...भियोजिका को सोनोà¤-्राफी दिनांक 16.04.2026 के à¤...नुसार उसके à¤-र्भ की à¤...वधि 28 हफ्ते की है, एवं भ्रूण की धड़कन भी चल रही है। वजन 1181 à¤-्राम है। दिनांक 18.04.2026 मरीज का per abdomen परीक्षण करने पर भी मरीज का à¤-र्भ 28 हफ्ते का पाया à¤-या है, बच्चे की धड़कन भी सामान्य है, 136/मिनट रेà¤-ुलर चल रही है। 28 हफ्ते की à¤-र्भावस्था में भ्रूण period of viability cross (जीवन क्षमता) की à¤...वधि पार कर जाता है। यह वह à¤...वस्था होती है जब à¤-हन चिकित्सा देà¤-भाल के साथ भ्रूण à¤-र्भ के बाहर जीवित रह सकता है। जब यदि MTP के बाद महिला की नॉर्मल à¤...थवा सीजेरियन डिलीवरी भी होती है, तो भ्रूण को preterm labour एवं कम वजन के बच्चे का जन्म होने की संभावना रहेà¤-ी, एवं भ्रूण बच्चा जीवित जन्म लेà¤-ा। à¤...तः उपरोक्त परिस्थितियों को देà¤-ते हुए। à¤-ठित मेडिकल टीम द्वारा à¤...भियोजिका को à¤-र्भ à¤...वधि को पूर्ण करने के पश्चात ही डिलीवरी की सलाह दी जाती है, जिससे माता एवं शिशु पूर्ण तरह सुरक्षित रहें।"

In furtherance of reference of the matter by the learned Additional Sessions Judge, Amarwada, suo-moto cognizance was taken and this writ petition was registered.

The SHO of the Police Station, Amarwara was directed v ide order dated 23.04.2026, to facilitate the appearance of the victim (if she is physically capable) and/or her parents through video conferencing from any nearest available remote point. The SHO, P.S. Amarwara was also directed to explain the opinion of the Medical Board to the victim and her parents.

Learned counsel for the State submitted that in compliance with the directions, the victim and her parents were explained the report of the Medical Board. Further, they were properly counselled by the Child Welfare Committee (CWC), Chhindwara. After counselling, they opted for full term delivery of the child. However, they made a request that they cannot take care of the child. They were counselled that after the delivery of the child, they may opt to keep the child or may hand over to the government agency.

The CWC and the government agency will take care of the child.

The victim and her parents were heard in person through video conferencing. They made similar request that the victim is ready to deliver the child after full term of pregnancy but they will not keep the child as the victim is not capable to take care of the child.

The Medical Termination of Pregnancy Act, 1971 provides 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.

(24) 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."

Section 3 clause 4(b) of the Act clearly mandates that no pregnancy shall be terminated except with the consent of the pregnant woman or her guardian.

Considering the aforesaid aspect of the matter, this Court is of the considered opinion that the victim cannot be compelled to undergo medical termination of pregnancy. However, her request regarding inability to keep the child need to be considered.

In view of the above discussion, this petition is disposed of with the following directions :-

(1) The victim shall be provided medical assistance during her pregnancy and delivery, as and when required at the expense of the State Government.

(2) The delivery shall be conducted in presence of gynecologist/obstetrician experts and pediatrician. The Chief Medical Officer of the concerned District shall ensure proper medical supervision and facilities for the same.

(3) The post delivery care shall be extended to the victim, as may be necessary.

(4) If the victim and her parents are not willing to keep the delivered child, the child will be handed over to the Child Welfare Committee or the concerned State authorities of the District after a period of 15 days from the date of delivery. The child shall remain with the mother for initial 15 days under the medical supervision and assistance.

(5) The CWC will again verify the Will of the mother after expiry of 15 days and thereafter proceed to undertake the procedure for adoption of the child in accordance with law.

(6) The identity of the victim shall be kept strictly confidential ensuring her privacy.

Let a copy of this proceeding be forwarded to the SHO, Amarwada and the Superintendent of Police, District Chhindwara, the Chief Medical Officer, Chhindwara and to the Learned Additional Sessions Judge, Amarwada, District Chhindwara for intimation and necessary action.

With the aforesaid, the present petition stands disposed of. Certified copy, as per rules.