PCPNDT Act
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Direct answer
The PCPNDT Act, 1994 as amended in 2003, prohibits sex determination and sex selection in India, both before and after conception, and regulates prenatal diagnostic techniques and ultrasound centres. It requires registration of genetic and ultrasound centres with the Appropriate Authority and forbids advertising or disclosing foetal sex. Convictions attract imprisonment and fines, and a registered doctor can face suspension or removal from the State Medical Council register.
What you must remember
- Prohibition: sex determination and disclosure of foetal sex are banned, including through ultrasound.
- Pre-conception sex selection: prohibited, a provision brought in by the 2003 amendment.
- Registration: genetic clinics, laboratories and ultrasound machines are registered with the Appropriate Authority, with renewal required.
- Advertising: any advertisement offering sex determination is an offence.
- Permitted purpose: prenatal diagnosis only for listed conditions such as chromosomal, metabolic, haemoglobinopathy and sex-linked disorders, with genetic counselling.
- Penalties: first conviction carries up to 3 years' imprisonment and a fine up to Rs 10,000; subsequent conviction carries up to 5 years and a fine up to Rs 50,000.
A compliance pathway for a centre
Compliance is checked centre by centre, so each step below is a point an inspector can test. The sequence runs from registration to reporting.
- Register the centre: obtain registration with the Appropriate Authority before offering any ultrasound or genetic service.
- Record each procedure: maintain Form F records for every prenatal procedure, including the woman's details, the indication and her consent.
- Restrict the purpose: perform prenatal tests only for the listed indications, with genetic counselling documented.
- Do not disclose sex: foetal sex must not be revealed in any form, including coded language.
- Avoid advertising: no advertisement may promote sex determination.
- Respond to breaches: violations lead to action by the Appropriate Authority, reporting to the State Medical Council and prosecution.
A centre that keeps the records in step 2 is able to show compliance during inspection, which is the usual defence. Exam questions usually test the prohibited act, so the penalty tier and the disclosure rule should be memorised together.
Where the exam tries to catch you
PCPNDT questions test the scope of the Act, the penalties and the rules on disclosure.
- Trap: Believing the Act applies only to abortion providers. Correct: It covers sex determination, ultrasound centres, advertising and disclosure by anyone involved.
- Trap: Thinking a coded message about foetal sex is allowed. Correct: Disclosure by any means, including coded language, is prohibited.
- Trap: Quoting only the original 1994 position. Correct: The penalties and the pre-conception provisions come from the amended Act.
Frequently asked questions
What does the PCPNDT Act prohibit?
The PCPNDT Act prohibits sex determination and sex selection, both pre-conception and prenatal, and the disclosure of foetal sex. It also prohibits advertising of sex determination. Registration of ultrasound and genetic centres is mandatory under the Act.
What is the penalty under the PCPNDT Act for a first offence?
A first conviction carries imprisonment of up to three years and a fine of up to Rs 10,000 under the amended Act. Subsequent convictions carry up to five years and a fine of up to Rs 50,000. The State Medical Council can also suspend or remove the doctor's registration.
Which records must an ultrasound centre keep under PCPNDT?
Ultrasound and genetic centres must keep Form F records for each prenatal procedure, with the woman's details, the indication and her consent. The records must be available for inspection by the Appropriate Authority. Records are required for every procedure, whether or not a sex determination is made.
Who is the Appropriate Authority under the PCPNDT Act?
The Appropriate Authority is the body designated under the Act to register centres and oversee compliance, typically at state or district level. It can inspect records, suspend registrations and refer offences for prosecution. Its reports can lead to action by the State Medical Council against the doctor.