ART Act 33Chapter V · Offences and Penalties
Section 33 · Offences and penalties
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(1) Any medical geneticist, gynaecologist, registered medical
practitioner or any person shall not--
(a) abandon, disown or exploit or cause to be abandoned, disowned or exploited in any form the child or children born through assisted reproductive technology;
(b) sell human embryos or gametes, run an agency, a racket or an organisation for selling, purchasing or trading in human embryos or gametes;
(c) import or help in getting imported in whatsoever manner, the human embryos or human gametes;
(d) exploit the commissioning couple, woman or the gamete donor in any form;
(e) transfer human embryo into a male person or an animal;
(f) sell any human embryo or gamete for the purpose of research; or
(g) use any intermediates to obtain gamete donors or purchase gamete donors.
(2) Whoever contravenes the provisions of clauses (a) to (g) of sub-section (1), shall be punishable with a fine which shall not be less than five lakh rupees but may extend to ten lakh rupees for the first contravention and for subsequent contravention, shall be punishable with imprisonment for a term which shall not be less than three years but may extend to eight years and with fine which shall not be less than ten lakh rupees but may extend to twenty lakh rupees.
(a) abandon, disown or exploit or cause to be abandoned, disowned or exploited in any form the child or children born through assisted reproductive technology;
(b) sell human embryos or gametes, run an agency, a racket or an organisation for selling, purchasing or trading in human embryos or gametes;
(c) import or help in getting imported in whatsoever manner, the human embryos or human gametes;
(d) exploit the commissioning couple, woman or the gamete donor in any form;
(e) transfer human embryo into a male person or an animal;
(f) sell any human embryo or gamete for the purpose of research; or
(g) use any intermediates to obtain gamete donors or purchase gamete donors.
(2) Whoever contravenes the provisions of clauses (a) to (g) of sub-section (1), shall be punishable with a fine which shall not be less than five lakh rupees but may extend to ten lakh rupees for the first contravention and for subsequent contravention, shall be punishable with imprisonment for a term which shall not be less than three years but may extend to eight years and with fine which shall not be less than ten lakh rupees but may extend to twenty lakh rupees.
The offence at a glance
- Maximum punishment
- 8 years
- Statutory minimum
- 3 years
- Fine
- ₹20,00,000
- Cognizable
- Cognizable
- Bailable
- Bailable
- Compoundable
- Not compoundable
- Triable by
- Court of Session
- Cognizable — Police may arrest without a warrant
- Bailable — Bail is your right — it can be granted at the police station
Sub-sections of this section carry different penalties; the maximum is shown.
Under this Act's own provision
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