Section 19 in Jammu and Kashmir Transplantation of Human Organs and Tissues Act, 1997
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 organs] [Substituted 'human organ' by Jammu and Kashmir Act No. 45 of 2018, dated 13.12.2018.];(b)seeks to find a person willing to supply for payment any human organ;(c)offers to supply any [human organs] [Substituted 'human organ' by Jammu and Kashmir Act No. 45 of 2018, dated 13.12.2018.] 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 organs] [Substituted 'human organ' by Jammu and Kashmir Act No. 45 of 2018, dated 13.12.2018.];(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 organs] [Substituted 'human organ' by Jammu and Kashmir Act No. 45 of 2018, dated 13.12.2018.];(b)offering to supply any [human organs] [Substituted 'human organ' by Jammu and Kashmir Act No. 45 of 2018, dated 13.12.2018.] for payment; or(c)indicating that the advertiser is willing to initiate or negotiate any arrangement referred 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 Jammu and Kashmir Act No. 45 of 2018, dated 13.12.2018.]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 '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 Jammu and Kashmir Act No. 45 of 2018, dated 13.12.2018.]:[***] [Omitted '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.' by Jammu and Kashmir Act No. 45 of 2018, dated 13.12.2018.]
