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Supreme Court of India 2019-03-05 allowed

Radhakrishna & Anr vs State of Maharashtra & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court set aside criminal proceedings against doctors prosecuted under the PCPNDT Act, 1994 for technical record-keeping deficiencies. The prosecution alleged omissions in Form F documentation and failure to record a discarded sonographic machine. However, the Court found that the actual medical procedures (ultrasound) were correctly recorded, the defects were minor and remedied, and the deficiencies did not evidence sex-selective practices. The Court held that such technical lapses do not warrant criminal prosecution, which would be futile and disproportionate. Appeal allowed and proceedings quashed.

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Criminal Procedure Medical Regulation PCPNDT Act Sex Selection Abortion Administrative Law Records and Documentation

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