Section 19 in The Transplantation Of Human Organs and Tissues Act, 1994
19. Punishment for commercial dealings in human organs
.Whoever(a)makes or receives any payment for the supply of, or for an offer to supply, any human organ;(b)seeks to find a person willing to supply for payment any human organ;(c)offers to supply any human organ for payment;(d)initiates or negotiates any arrangement involving the making of any payment for the supply of, or for an offer to supply, any human organ;(e)takes part in the management or control of a body of persons, whether a society, firm or company, whose activities consist of or include the initiation or negotiation of any arrangement referred to in clause (d); or(f)publishes or distributes or causes to be published or distributed any advertisement,(a)inviting persons to supply for payment of any human organ;(b)offering to supply any human organ for payment; or(c)indicating that the advertiser is willing to initiate or negotiate any arrangement referred to in clause (d),(g)[ abets in the preparation or submission of false documents including giving false affidavits to establish that the donor is making the donation of the human organs, as a near relative or by reason of affection or attachment towards the recipient.] [Inserted by Act 18 of 2011, Section 17.] shall be punishable with imprisonment for a term which shall not be less than [five years but which may extend to ten years and shall be liable to fine which shall not be less than twenty lakh rupees but may extend to one crore rupees] [Substituted for the words "two years but which may extend to seven years and shall be liable to fine which shall not be less than ten thousand rupees but may extend to twenty thousand rupees" by Act 16 of 2011, Section 17.]:[* * *] [Proviso "Provided that the Court may, for any adequate and special reason to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than two years and a fine less than ten thousand rupees." omitted by Act 16 of 2011, Section 17.][19A. Punishment for illegal dealings in human tissues. - Whoever-(a)makes or receives any payment for the supply of, or for an offer to supply, any human tissue; or(b)seeks to find person willing to supply for payment and human tissue; or(c)offers to supply any human tissue for payment; or(d)initiates or negotiates any arrangement involving the making of any payment for the supply of, or for an offer to supply, any human tissue; or(e)takes part in the management or control of a body of persons, whether a society, firm or company, whose activities consist of or include the initiation or negotiation of any arrangement referred to in clause (d); or(f)publishes or distributes or causes to be published or distributed any advertisement-(i)inviting persons to supply for payment of any human tissue; or(ii)offering to supply any human tissue for payment; or(iii)indicating that the advertiser is willing to initiate or negotiate any arrangement referred to in clause (d); or(g)abets in the preparation or submission of false documents including giving false affidavits to establish that the donor is making the donation of the human tissues as a near relative or by reason of affection or attachment towards the recipient,shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and shall be liable to fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees.]
