This story is from July 24, 2016

Sex test: Now, culprits face 10 years imprisonment, fine

Tightening the noose around those involved in the illegal practice of sex determination, the culprits are now liable for sentence up to 10 years, or with a fine or both in Rajasthan.
Sex test: Now, culprits face 10 years imprisonment, fine
(Representative image)
Jaipur: Tightening the noose around those involved in the illegal practice of sex determination, the culprits are now liable for sentence up to 10 years, or with a fine or both in Rajasthan. The PCPNDT cell has started registering such cases under Section 315 of IPC which deals with the act done with the intent to prevent child being born alive or cause it to die after birth.
The PCPNDT cell in the state has lodged several cases under this section to demoralize the practice of sex determination.

Moreover, Section 315 of IPC is the new tool of Pre-Conception Pre Natal Diagnostic Technique (PCPNDT) cell to arrest the accused of sex selection activities in decoy operations conducted outside the state.
Last week in a decoy operation by PCPNDT cell of Rajasthan, a doctor from Himmatnagar in Gujarat was arrested. The PCPNDT cell imposed Section 315 of IPC and arrested the accused and brought him to Rajasthan.
This is the third such case by PCPNDT cell of Rajasthan. The other two cases were registered after decoy operations in Haryana and Uttar Pradesh.
After taking expert legal advice, the state appropriate authority (PCPNDT) Navin Jain directed his officials to arrest the accused under Section 315 of IPC (the act done with intent to prevent child being born alive or to cause it to die after birth).
The health department has deployed senior cop (additional superintendent of police) Raghuveer Singh as head of the PCPNDT cell, who has conducted three decoy operations outside the state in UP, Haryana and Gujarat.

A PCPNDT cell official said that to conduct decoy operations for arresting accused in other states, they need to take the other state's appropriate authority (PCPNDT) in confidence. Every state has its own PCPNDT cell. But, under Section 315 of IPC, they have the power to arrest the accused from all other states, except for Jammu and Kashmir. Rajasthan's PCPNDT cell started imposing Section 315 of IPC in October last year. Till date, it has imposed the section in eight cases.
As per the officials, Section 315 of IPC has provision of sentence upto 10 years. Under PCPNDT, the provision of sentence is upto 3 years in most of offences covered under the Act.
Moreover, the accused gets bail when sections of PCPNDT Act are imposed but when Section 315 of IPC is imposed, it is difficult to get bail.
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