Inaccuracies, irregularities in maintaining records offence under PC-PNDT: Bombay high court

Wednesday, 14 May 2014 – 7:00am IST | Agency: DNA

In a significant order, the Bombay high court has ruled that inaccuracies and irregularities in maintenance of records and forms as mandated under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) (PCPNDT) Act amounts to offence.

Justice AIS Cheema of the Aurangabad bench of the HC refused to quash a complaint filed against one Dr Dattatray Kanade, who was accused of not maintaining records and forms properly in 2007.

The complaint against Kanade, who owns Kanade Maternity Home in Ahmednagar, alleged that there were various discrepancies in the maintenance of hospital records and Form F, which is filled by the hospital, along with the signature of the pregnant woman, stating that sex determination of the foetus was not carried out during sonography.

Kanade’s counsel RS Shinde argued that there can’t be an offence under the Act as there were only irregularities and not illegalities.

However, the judge observed that even deficiencies and inaccuracies in the maintenance of records and Form F attract criminal charges under the Act. Justice Cheema further observed that it was for the trial court to decide on the explanations regarding the inaccuracies or deficiencies.

The judge noted, “It is clear that it would be premature to accept explanations regarding inaccuracies or deficiencies before trial takes place. It is further apparent that if the lapse is insignificant, then the benefit would go to the accused at the time of sentence, but claiming that deficiencies in Form F and keeping records are insignificant cannot be reason to claim that no offence is there…”

Emphasising on the fact that the evidence during trial would decide on the maintenance of records, the judge added: “This court cannot, before holding of trial, decide whether or not the records have been kept properly or Form F has been properly filled… and if the deficiencies pointed out are serious or insignificant. It would be prejudging the matter.”

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Author: savedaughters19

This is a coverage of my struggles to save my daughters.I am thank full to my parents not only for Not killing me ,but also helping me save my daughters... My dream- A big shelter house for women who want to give birth to their daughters and raise them up with dignity and self respect , but have to fight their own families to do so. Will have medical facilities and facilities for legal aid. will have training centers for vocational courses so that they can stand up on their own two feet and stop the dependency on their husbands for finances, A child care center run and managed by the inmates, A kitchen and a vegetable farm run and managed by the inmates. At present only a dream.... But with grace of God will become a reality. God will show the way and means to achieve the dream.

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