IMPORTANT ACTS IN FORENSIC MEDICINE

FOR PG EXAMS
DR VISHWAJEET SINGH
(1) PCPNDT act (1994,2002)- PRECONCEPTION & PRENATAL
DIAGNOSTIC TECHNIQUES ACT

• AIM- prevent female feticide by prohibiting sex selection.

• PNDT indications: under any of following conditions:
➢ Genetic dis -Age of pregnant female> 35 yrs
➢ Metabolic dis -History of > or equal to 2 spontaneous abortions
➢ Chromosomal dis -Exposure to teratogens
➢ Congenital dis -Family H/O mental retardation/genetic dis
➢ Sex-linked dis
PCPNDT continued…

• PENALTIES:
• On advertisement – 3 y + 10000
• If woman was compelled she will not be punished, but the person compelling her would be.
• On sex selection FOR Doctor-
• 1st offence- 3 y + 10000 + Penal erasure for 5 y
• Subsequent offence- 5 y + 50000 + Professional death sentence
• FOR patient
• 1st offence- 3 y + 50000
• Subsequent offence- 5 y + 100000
(2)POCSO act (2012, 2019)- Protection of children from
sexual offences
• CHILD ( BOTH MALE & FEMALE)- < 18 Y
• OFFENCES & PUNISHMENT:
• Penetrative sexual assault- A person is said to commit PSA if he –
• Penetrates his PENIS/OBJECT/Part of BODY into V/U/A/M, or makes the child to do so with him/any other
person.
• Manipulates any body part to cause penetration into V/U/A/any body part, or makes the child to do so with
him/any other person.
• Applies his mouth to Penis/ Vagina / Anus / Urethra, or makes the child to do so with him/any other person.
• PUNISHMENT – ( 10 Y – LI + fine)
• If child < 16 Y – ( 20 Y- LI + fine)
• For AGGRAVATED PSA – ( 20 Y – LI / DS + fine)
POCSO act continued…

• Use of child for pornographic purpose

• Punishment – 5 y + fine

• Sexual assault
• Any physical contact with sexual intent ( touching -V/ P/ A/ breast) but without penetration, or
makes the child do so.
• Punishment - > or equal to 3 Y – 5 Y + fine
• For AGGRAVATED SA- > or equal to 5 y – 7 y + fine

• Sexual harassment
• Punishment – Upto 3 y + fine
POCSO act continued…

• AGGRAVATED offence- when done by a person in a position of trust or authority of child like police,
security forces, public servant, gang PSA, head of educational institution/religious institution, management
or staff of hospital ( govt/private).
• Abetment of offence/ False complaints- is also punishable.
• Mandatory to report to LOCAL POLICE/ SPECIAL JUVENILE POLICE UNIT & police to report within
24 hours to CWC.
• Mandatory for police to register FIR in all cases.
• Childs medical examination( within 24 hours) can be done even prior to FIR.
• For speedy trial evidence of child is recorded within 30 days in special court/session court.
• Trial to be completed within 1 year.
(3)THOTA ( 1994, 2011)- Transplantation of human
organ & tissues act
• Brain stem death defined & certification done.
• Swapping of organs allowed.
• Term Near relatives expanded to include 2nd generation relatives.
• PUNISHMENT: for DR – 1st offence- penal erasure for 3 years,
• - subsequent offence- Professional DS.
• For removal of ORGANS & TISSUES
• 1O Year + 20 lakh fine 3 year + 5 lakh fine
• For Commercial dealing of ORGANS & TISSUES
• 5- 10 year + 20 lakh – 1 crore 1- 3 year + 5- 25 lakh