Madhya Pradesh High Court
Victim X vs State Of Madhya Pradesh on 12 February, 2026
Author: Pranay Verma
Bench: Pranay Verma
NEUTRAL CITATION NO. 2026:MPHC-IND:4561
1 WP-5852-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 12 th OF FEBRUARY, 2026
WRIT PETITION No. 5852 of 2026
VICTIM X
Versus
STATE OF MADHYA PRADESH
Appearance:
Mrs. Bhagyashree Gupta - Government Advocate for the respondent/State.
ORDER
This petition has been registered on a reference having been made by the I st District and Sessions Judge, Kannod District Dewas in compliance with the direction given by the Principal seat of this Court at Jabalpur by order dated 20.02.2025 passed in W.P No.5184 of 2025.
2. From the report submitted by the Court concerned, it is seen that the same is in respect of grant of permission to the victim for termination of her pregnancy. She is a victim of a crime registered by Crime No.17 of 2026 under Section 65(1), 351(3) of the BNS and Section 5(j)(ii)/6 of the Protection of Children from Sexual Offence Act, 2012. During course of investigation, she was found to be pregnant and was medically examined and the fetus was reported to be of 24 weeks 4 days. At the time of her examinations she expressed her willingness for termination of the pregnancy. Her parents also expressed their willingness. The victim was examined by the Medical Board at M.T.H. Hospital Indore on 11.02.2026 and the report has been submitted by the Board to the effect that the termination of the pregnancy can be allowed. Along with the report the statements of the parents of the victim have also been annexed.
Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 13-Feb-26 12:11:53 PMNEUTRAL CITATION NO. 2026:MPHC-IND:4561 2 WP-5852-2026
3. Section 3 and 5(1) of the Medical Termination of Pregnancy Act, 1971 reads as under:-
"3. When Pregnancies may be terminated by registered medical practitioners.- (1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a registered medical practitioner shall not be guilty of any offence under that Code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.
(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner-
(a) where the length of the pregnancy does not exceed twelve weeks' if such medical practitioner is, or (b) where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioners are of opinion, formed in good faith, that,-
(i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury physical or mental health ; or
(ii) there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped.
Explanation 1. -Where any, pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.
Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 13-Feb-26 12:11:53 PMNEUTRAL CITATION NO. 2026:MPHC-IND:4561 3 WP-5852-2026 Explanation 2 .-Where any pregnancy occurs as a result of failure of any device or method used by any married woman or her husband for the purpose of limiting the number of children, the anguish caused by such unwanted pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman.
(3) In determining whether the continuance of pregnancy would involve such risk of injury to the health as is mentioned in sub-section (2), account may be taken of the pregnant woman's actual or reasonable foreseeable environment.
(4) (a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who, having attained the age of eighteen years, is a lunatic, shall be terminated except with the consent in writing of her guardian.
(b) Save as otherwise provided in C1.(a), no pregnancy shall be terminated except with the consent of the pregnant woman. 5. Sections 3 and 4 when not to apply.- (1) The provisions of Sec.4 and so much of the provisions of sub-section (2) of Sec. 3 as relate to the length of the pregnancy and the opinion of not less than two registered medical practitioner, shall not apply to the termination of a pregnancy by the registered medical practitioner in case where he is of opinion, formed in good faith, that the termination of such pregnancy is immediately necessary to save the life of the pregnant woman."
4. This Court keeping in view the statutory provisions as contained in The Medical Termination of Pregnancy (MTP) Act, 1971 is of the opinion that in the peculiar facts and circumstance of the case, the pregnancy can be terminated and it is ordered accordingly.
Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 13-Feb-26 12:11:53 PMNEUTRAL CITATION NO. 2026:MPHC-IND:4561 4 WP-5852-2026
5. The Head of Department (HOD) at M.T.H., Indore is directed to carryout the termination of pregnancy. The petitioner 'X' shall appear before the H.O.D. at M.T.H., Indore on 14.02.2026 at 11.00 A.M. The Head of Department of Gynecologist, Head of Department of Anesthesia and all other specialist will remain present at the time of termination of pregnancy, as the petitioner 'X is of tender age. Not only this, after termination of pregnancy is carried out, the State of Madhya Pradesh shall ensure post operative care of the petitioner 'X'. The entire expenditure in respect of termination of pregnancy shall be borne by the State of M.P. through Collector, Indore and the DNA of fetus shall also be preserved for DNA analysis.
6. With the aforesaid, the present writ petition stands allowed.
(PRANAY VERMA) JUDGE jyoti Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 13-Feb-26 12:11:53 PM