The Pre-conception and Prenatal
Diagnostic Techniques (PCPNDT)
(Regulation and Prevention of
Misuse) Act, 1994
DR. Zubair Ahmed
Senior Resident
FORENSIC MEDICINE & TOXICOLOGY
GOVT. MEDICAL COLLEGE,
JAGTIAL.
INDEX
• Brief introduction
• Definitions
• Recent amendments
• Regulations
• Prerequisites
• Maintenance of records
• Offences and penalties
• References
• The act was enacted in order to check female feticide.
• The act provides for the prohibition of sex selection, before or
after conception.
• Amended in 2003.
Definitions
Prenatal Diagnostic Procedures
Prenatal Diagnostic Test
Prenatal diagnostic techniques
Prenatal Diagnostic Procedures
• Means any gynecological, obstetrical or medical procedures such
as
ultrasonography,
fetoscopy,
samples of amniotic fluid,
chorionic villi,
embryo,
blood or any other tissue or fluid of a man, or of a woman before or after
conception,
for conducting any type of analysis or prenatal diagnostic tests for
selection of sex before or after conception
Prenatal Diagnostic Test
• Means ultrasonography or any analysis of
amniotic fluid,
chorionic villi,
blood or any tissue or fluid of a pregnant woman or
conceptus conducted to detect any abnormalities or diseases as
given in clause 2
Prenatal diagnostic techniques
• Includes all prenatal diagnostic procedures and prenatal
diagnostic tests.
• Any medical practitioner or any other person should not
conduct or aid in conducting any prenatal diagnostic
techniques at a place other than a place registered under
this Act.
Recent amendment
• A recent amendment in the Act allows medical practitioners
(MBBS doctors) to conduct sonography tests on pregnant women,
provided they undergo 6 months training imparted within the
well-defined syllabus prescribed by the act at accredited
institutions
Regulation of Prenatal
Diagnostic Techniques
• Clause 1: Any place including a registered genetic counseling
center, laboratory or clinic should not be used for
conducting prenatal diagnostic techniques except for the
purpose given in clause 2 and after satisfying any of the
conditions in clause 3.
Clause 2: Prenatal diagnostic techniques should be used for the
detection of any of the following abnormalities
1. Chromosomal abnormalities
2. Genetic metabolic diseases
3. Hemoglobinopathies
4. Sex linked genetic diseases
5. Congenital anomalies.
• Clause 3: Prenatal diagnostic techniques should be used in
pregnant women, if any of the following conditions are satisfied:
1. Age > 35 years.
2. Undergone two or more spontaneous abortions or fetal
loss.
3. Has been exposed to potentially teratogenic agents, such
as drugs, radiations, infections or chemicals.
4. The pregnant woman or her spouse has a family history of
mental retardation or physical deformities, such as
spasticity or any other genetic disease.
Prerequisites of the act.
The doctor has explained all known side-effects and after-effects
of such procedures to the patient.
Written consent of pregnant woman and prohibition of
communicating the sex of fetus.
The pregnant woman before undergoing ultrasonography/ image
scanning should declare that she does not want to know the sex
of her fetus
A copy of her written consent obtained above is given to the
pregnant woman
The person conducting prenatal diagnostic procedures including
ultrasonography should give a declaration on each report on
ultrasonography/image scanning that he has neither detected
nor disclosed the sex of fetus of the pregnant woman to anybody.
Maintenance and
Preservation of records
• All such registered genetic/ultrasound/imaging centers should
maintain a register showing, in serial order, the names and
addresses of the men or women given counseling, subjected to
prenatal diagnostic procedures or tests, the names of their spouses or
fathers and the date on which they first reported.
• All data must be preserved for a period of 2 years from the date of
completion of counseling, prenatal diagnostic procedure or test, as
the case may be.
• In the event of any legal proceedings, the records are to be
preserved till the final disposal of the case.
• In case the records are maintained on computer or other electronic
equipment, a printed copy of the record should be taken and
preserved after authentication by a person responsible for such
record
Offences and Penalties
• Facilities should not issue any advertisement in any manner
regarding facilities of prenatal determination of sex.
• Any medical person who contravenes the provisions of this Act
is punished with imprisonment upto 3 years and fine upto Rs.
10,000, and on any subsequent conviction with imprisonment
upto 5 years and fine upto Rs. 50,000.
• His name is removed from the register of the Council for a period
of 5 years for the first offence and permanently for the
subsequent offence.
• Any person who seeks the aid of genetic counseling laboratory/clinic
or medical practitioner for purposes other than specified above, is
punished with imprisonment upto 3 years and fine upto Rs 50,000,
and on any subsequent conviction with imprisonment upto 5 years
and fine upto Rs 1 lakh.
• Every offence under this Act is cognizable, nonbailable and non-
compoundable
References
• Registrar General and Census Commissioner, India.
• MINISTRY OF HEALTH AND FAMILY WELFARE (Department of
Health and Family Welfare) NOTIFICATION New Delhi, the 9th of
January, 2014- Gazette
