PCPNDT Act 22Chapter VII · Offences and Penalties
Section 22 · Prohibition of advertisement relating to pre-conception and pre-natal determination of sex and punishment for contravention
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[22. Prohibition of advertisement relating to pre-conception and pre-natal determination of sex
and punishment for contravention.-- (1) No person, organisation, Genetic Counselling Centre, Genetic
Laboratory or Genetic Clinic including clinic, laboratory or centre having ultrasound machine or imaging
machine or scanner or any other technology capable of undertaking determination of sex of the foetus or
sex selection shall issue, publish, distribute, communicate or cause to be issued, published, distributed or
communicated any advertisement, in any form, including internet, regarding facilities of pre-natal
determination of sex or sex selection before conception available at such Centre, Laboratory, Clinic or at
any other place.
(2) No person or organisation including Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic shall issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement in any manner regarding pre-natal determination or pre-conception selection of sex by any means whatsoever, scientific or otherwise.
(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees.
Explanation.--For the purposes of this section, "advertisement" includes any notice, circular, label, wrapper or any other document including advertisement through internet or any other media in electronic or print form and also includes any visible representation made by means of any hoarding, wall-painting, signal, light, sound, smoke or gas.]
(2) No person or organisation including Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic shall issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement in any manner regarding pre-natal determination or pre-conception selection of sex by any means whatsoever, scientific or otherwise.
(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees.
Explanation.--For the purposes of this section, "advertisement" includes any notice, circular, label, wrapper or any other document including advertisement through internet or any other media in electronic or print form and also includes any visible representation made by means of any hoarding, wall-painting, signal, light, sound, smoke or gas.]
The offence at a glance
- Maximum punishment
- 3 years
- Fine
- ₹10,000
- Cognizable
- Cognizable
- Bailable
- Non-bailable
- Compoundable
- Not compoundable
- Triable by
- Magistrate of the first class
- Cognizable — Police may arrest without a warrant
- Non-bailable — Bail is at the court's discretion
Under this Act's own provision
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