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Chapter-7 Offence and Punishment

  1. Offence deemed to have been committed: If one commits any of the following acts, one shall be deemed to have been committed the offence under this Act:

(a)        To deprive one of receiving the obstetric care referred to in Section 5,

(b)        Refusal to provide obstetric care by any health institution providing obstetric care pursuant to Section 6,

(c)        Referral to other health institution deliberately even upon the treatment being possible in his or her health institution, or,

(d)       Non-issuance of birth certificate by the health institution pursuant to Section 9,

(e)        Forceful conduction of family planning as referred to in Section 11,

(f)        Making forceful use of contraceptive as referred to in Section 12,

(g)        Conduction of abortion as referred to in Section 16,

(h)        Commission of any act to identify sex of the fetus in contrary with the provisions of sub-sections (1) and (2) of Section 17,

(i)         Causing abortion upon identifying sex as referred to in sub-section (3) of Section 17,

(j)         Breaching, or causing to be breached of, confidentiality in contravention of the provisions of sub-section (2) of Section 19,

(k)        Making or causing to be made displacement in contrary to the provision of Section 21,

(l)         Making discrimination contrary to the provision of Section 29.

  1. Punishment: If one commits, or causes to be committed, any act that is deemed to be the offence as referred to in Section 25, one shall be liable to the following punishment according the gravity of the offence:

(a)        Imprisonment for a term not exceeding six months or fine not exceeding fifty thousand rupees or both the penalties for committing or getting committed the offence referred to in clauses (a), (b), (c), (d) and (l),

(b)        Imprisonment for three months to six months and fine not exceeding fifty thousand rupees for committing or getting committed the offence referred to in clauses (e) and (f),

(c)        Punishment referred to in Section 188 of National Criminal Code, 2074 (2017) for committing or causing to be committed the offence referred to in clauses (g), (h) and (i),

(d)       Fine not exceeding fifty thousand rupees for committing or causing to be committed the offence as referred to in clause (j),

(e)        Imprisonment for a term not exceeding one year and fine not exceeding one hundred thousand rupees or both the penalties for committing or causing to be committed the offence referred to in clause (k).

  1. Provision of compensation: A person who is victimized from the offence under this Act shall be provided with reasonable compensation by the perpetrator.