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Answer 2nd question
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Question 2: 21-year-old female, 25 weeks gestation, alleged rape, seeking abortion
A. Can pregnancy be terminated in this case? If yes, who decides? (2 marks)
Yes, the pregnancy can be terminated.
Under the MTP (Amendment) Act, 2021, pregnancy alleged to have been caused by rape falls under Humanitarian grounds - the anguish caused by such pregnancy is presumed to constitute a grave injury to the mental health of the pregnant woman (Section 3(2)(b)).
At 25 weeks, this falls in the beyond 20-24 weeks category, which requires:
- A Medical Board constituted by the State/UT government to decide on termination.
- The Medical Board typically comprises a gynecologist, a radiologist/sonologist, a pediatrician, and other members notified by the Government.
- The woman need not produce proof that a police complaint was lodged - her own statement alleging rape is sufficient.
- Her written consent is required (consent of husband is NOT necessary).
- Professional secrecy must be maintained - records are confidential.
Key rule: For 20-24 weeks, two Registered Medical Practitioners (RMPs) must give their opinion. Beyond 24 weeks, a Medical Board must approve. At 25 weeks (beyond 24 weeks), the Medical Board is the deciding authority.
The Essentials of Forensic Medicine and Toxicology, 36th ed. (2026); Parikh's Textbook of Medical Jurisprudence
B. Enumerate the methods of abortion under the MTP Act (4 marks)
The MTP Act recognizes the following methods based on gestational age:
1. Medical Methods (up to 9 weeks / 63 days)
- Mifepristone (RU-486) + Misoprostol - oral abortifacient regimen; RU-486 (antiprogestogen) blocks progesterone, followed by misoprostol (prostaglandin) to cause uterine contractions
- Can be administered by a trained RMP in approved facility
- As per MTP Amendment Rules 2021, an RMP with 3 months' experience in Obstetrics & Gynecology or who has independently performed 10 MTP cases under supervision is eligible
2. Surgical Methods (up to 12-13 weeks)
- Manual Vacuum Aspiration (MVA) - suction cannula used to evacuate uterine contents; safe up to 10-12 weeks
- Electric Vacuum Aspiration (EVA) - electric suction pump; used up to 12 weeks
- Dilatation and Curettage (D&C) - cervix dilated, products evacuated by curette (now largely replaced by MVA)
3. Methods for 13-20 weeks (Second trimester)
- Dilatation and Evacuation (D&E) - forceps + suction combination
- Intra-amniotic instillation - saline or prostaglandin injected into amniotic cavity
- Extra-amniotic instillation - prostaglandin E2 or F2-alpha instilled extra-amniotically
- Oxytocin infusion - high-dose IV oxytocin to stimulate uterine contractions
4. Beyond 20 weeks (under Medical Board authorization)
- Mifepristone + Misoprostol (medical induction)
- Feticide followed by induction in certain cases
- Hysterotomy (mini-cesarean) - as a last resort
Parikh's Textbook of Medical Jurisprudence; The Essentials of Forensic Medicine and Toxicology, 36th ed.
C. Define rape as per the BNS Act (6 marks)
Section 63, Bharatiya Nyaya Sanhita (BNS), 2023 [corresponds to Section 375, IPC]:
A man is said to commit "rape" if he:
(a) Penetrates his penis, to any extent, into the vagina, mouth, urethra, or anus of a woman, or makes her do so with him or any other person; or
(b) Inserts, to any extent, any object or a part of the body (not being the penis) into the vagina, urethra, or anus of a woman, or makes her do so with him or any other person; or
(c) Manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus, or any part of the body; or
(d) Applies his mouth to the vagina, anus, or urethra of a woman or makes her do so with him or any other person.
Under any of the following seven circumstances:
- Against her will
- Without her consent
- With her consent obtained by putting her or any person in whom she is interested in fear of death or hurt
- With her consent, when the man knows he is not her husband and she consents believing him to be her husband
- With her consent, when she is unable to understand the nature and consequences of that to which she gives consent (due to unsoundness of mind, intoxication, or administration of drugs)
- With or without her consent, when she is under 18 years of age
- When she is unable to communicate consent
Exception 1: Medical procedures/interventions do not constitute rape.
Exception 2: Sexual intercourse by a man with his own wife (wife not under 18 years) is not rape.
Punishment (Section 64, BNS):
- Rigorous imprisonment not less than 10 years, may extend to life imprisonment, with fine
- Aggravated forms (Section 65-70 BNS) - e.g., rape by public servant, gang rape, repeat offenders - attract stricter penalties
The Essentials of Forensic Medicine and Toxicology, 36th ed. (2026), p. 402-403
D. Samples to be collected in a case of victim of sexual assault (3 marks)
The following specimens are collected from the victim (using a Sexual Assault Evidence Kit where available):
| # | Sample | Purpose |
|---|---|---|
| 1 | Clothing - stained, torn, foreign matter | Evidence of struggle, seminal stains, blood grouping |
| 2 | Dried blood stain scrapings | Blood grouping, DNA analysis |
| 3 | Dried seminal stain scrapings | Spermatozoa identification, P30 glycoprotein, DNA |
| 4 | Hair - matted pubic hair, combed foreign hair, plucked hair | Comparison, DNA of attacker |
| 5 | Broken nails and sub-ungual debris | Skin/blood/DNA of attacker |
| 6 | Blood sample | Blood grouping, alcohol level, drugs, VDRL (syphilis), T-cell count (HIV) |
| 7 | Saliva | Secretor status |
| 8 | Swabs from: mouth/pharynx, vagina, cervix, anus, urethra, skin soiled areas, bite marks | Spermatozoa, microorganisms, P30 glycoprotein, STD pathogens |
| 9 | Urine (at discretion) | Drugs, pregnancy test |
| 10 | Head and body hair (at discretion) | Comparison |
Note: The examination should be tailored to the specific case - collection of all samples may not be necessary in every instance. Chain of custody must be maintained for all specimens, and samples must be properly labeled, sealed, and dispatched to the Forensic Science Laboratory.
Parikh's Textbook of Medical Jurisprudence Forensic Medicine and Toxicology, p. 455-456; The Essentials of Forensic Medicine and Toxicology, 36th ed. (2026)
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