Termination of Pregnancy -- Consent by Minor on Hospital Form -- Signature of minor cannot substitute guardian consent under MTP Act
(i) Medical Termination of Pregnancy Act, 1971, S.3(4)(a) -- Termination of Pregnancy -- Consent by Minor on Hospital Form -- Signature of minor cannot substitute guardian consent under Medical Termination of Pregnancy Act, 1971, which mandates written consent of guardian for termination of pregnancy of a minor. Authenticity of signature and validity of consent are distinct questions, and a genuine signature by a person legally incapable of consenting does not amount to valid consent. (ii) Indian Penal Code, 1860, S.313 -- Termination of Pregnancy -- Absence of Guardian Consent and Statutory Forms -- Warrants trial under Section 313 IPC where termination of pregnancy of a minor is carried out without verifying age, obtaining guardian consent, or completing Form I and Form C prescribed under Medical Termination of Pregnancy Rules, 2003. (iii) Protection of Children from Sexual Offences Act, 2012, Ss.19, 21 -- POCSO -- Failure to Report Based on Actual Disclosure of Age -- Sufficient to sustain a prima facie charge where the accused is shown to have had actual knowledge of the true age of the victim through direct disclosure, as distinct from constructive or inferred knowledge, and nonetheless failed to report the matter.
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