Section 5 in The Medical Termination Of Pregnancy (Amendment) Act, 2002
5. Amendment of section 5.-
In section 5 of the principal Act, for sub- section (2) and the Explanation thereto, the following shall be substituted, namely:-(2)Notwithstanding anything contained in the Indian Penal Code (45 of 1860 ), the termination of pregnancy by a person who is not a registered medical practitioner shall be an offence punishable with rigorous imprisonment for a term which shall not be l ss than two years but which may extend to seven years under that Code, and that Code shall, to this extent, stand modified.(3)Whoever terminates any pregnancy in a place other than that mentioned in section 4, shall be punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years.(4)Any person being owner of a place which is not approved under clause (b) of section 4 shall be punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years.Explanation 1.- For the purposes of this section, the expression" owner" in relation to a place means any person who is the administrative head or otherwise responsible for the working or pregnancy may be terminated under this Act. maintenance of a hospital or place, by whatever name called, where theExplanation 2.- For the purposes of this section, so much of the provisions of clause (d) of section 2 as relate to the possession, by registered medical practitioner, of experience or training in gynaecology and obstetrics shall not apply.
