THOT Act 18Chapter VI · Offences and Penalties

Section 18 · Punishment for removal of human organ without authority

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(1) Any person who renders his services to or at any hospital and who, for purposes of transplantation, conducts, associates with, or helps in any manner in, the removal of any human organ without authority, shall be punishable with imprisonment for a term which may extend to 1[ten years and with fine which may extend to twenty lakh rupees].
(2) Where any person convicted under sub-section (1) is a registered medical practitioner, his name shall be reported by the Appropriate Authority to the respective State Medical Council for taking necessary action including the removal of his name from the register of the Council for a period of 2[three years] for the first offence and permanently for the subsequent offence.
3[(3) Any person who renders his services to or at any hospital and who conducts, or associates with or helps in any manner in the removal of human tissue without authority, shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to five lakh rupees.]

The offence at a glance

Maximum punishment
10 years
Fine
₹20,00,000
Cognizable
Cognizable
Bailable
Non-bailable
Compoundable
Not compoundable
Triable by
Court of Session
  • Cognizable — Police may arrest without a warrant
  • Non-bailable — Bail is at the court's discretion

Sub-sections of this section carry different penalties; the maximum is shown.

Derived from the First Schedule Part II rule — not listed section by section

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