Offenses relating to Abortion in Nepal

Offenses Relating to Abortion in Nepal

Abortion is a crime when it is committed against the law. But sometimes doing an abortion may be safer than giving birth to a child. Hence, in Nepal, we have the National Penal Code, 2074 which guides the legal provision related to abortion law in general, and the Right to Safe Maternity and Reproductive Health Act, 2075 a special law.

Thence, Abortion can be concluded in two types: - Natural and Artificial.

1. Natural Abortion: - While there is a natural miscarriage of a new fetus due to health problems or physical illness or accidental cause during pregnancy of pregnant women. It is not a crime in itself.

2. Artificial Abortion: It is a process of losing or destroying a fetus in the womb of a  pregnant woman by using any kind of external force.

According to Section 188 of the National Penal Code, 2074, subsection (1) No person shall commit an abortion, or do any act with intent to cause, or with the knowledge that, or having reason to believe that, such act is likely to cause abortion.

Subsection (2) No person shall cause a pregnant woman to abort, by coercing, threatening, alluring, or inducing her to so abort.

Subsection (3) A person who commits the offense referred to in subsection  (1) or (2) shall be liable to:

1. A sentence of imprisonment for a term, not exceeding one year and a fine not exceeding ten thousand rupees in the case of pregnancy of up to twelve weeks,

2. A sentence of imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees in the case of pregnancy of more than twelve weeks and up to twenty-five weeks,

3. A sentence of imprisonment for a term not exceeding five years and a fine not exceeding fifty thousand rupees in the case of pregnancy of more than twenty-five weeks.

These are the important points that should be noted always in case of offenses relating to offenses against the protection of Pregnancy.

Subsection (4) If the pregnancy is not terminated at once by an act of abortion and the child is born alive but the child dies immediately after birth as the consequence of such act, such act should be deemed to constitute the offense of abortion.

Sub Section (5) If an act was done by a person in making an attempt to cause the death of a pregnant woman does not cause the death of the woman but causes the termination of her pregnancy of twenty-five weeks or more, the offender shall be liable to a sentence of imprisonment for a term not exceeding five years, in addition to the sentence to be imposed under this Act or other law.

According to Subsection(6): If any act was done by a person with premeditation against a pregnant woman causes abortion, that person should be liable to the following sentence despite the fact that he or she has not done such an act with the intention of causing abortion:

(a) A sentence of imprisonment for a term not exceeding one year in the case of pregnancy of up to twelve weeks,

(b) A sentence of imprisonment for a term not exceeding three years in the case of pregnancy of more than twelve weeks and up to twenty-five weeks,

(c) A sentence of imprisonment for a term not exceeding five years in the case of pregnancy of more than twenty-five weeks.

If Abortion is done after the Identification of the Sex of the fetus then according to sub-section (7) we have the following provision;

(a) A sentence of imprisonment for a term of three months to six months, in the case of the offense of identifying, or causing identification of, the sex of the fetus with the intention of causing abortion,

(b) A sentence of imprisonment for a term not exceeding one year, in addition to the sentence specified in subsection (3), in the case of the offense of aborting or causing an abortion after identifying the sex.

Not only does an abortion a crime, but abortion can also be concluded in Nepal in having the following mentioned conditions:-

As per Section 189 of the National Penal Code, 2074; abortion may be done if,

(a) The pregnancy of up to twelve weeks is terminated with the consent of the pregnant woman,

(b) The pregnancy is terminated with the consent of the pregnant woman, upon the opinion of a licensed doctor that her life may be in danger or her physical or mental health may deteriorate or a handicapped child will be born if the pregnancy is not terminated,

(c) The pregnancy of up to eighteen weeks conceived from rape or incest is terminated with the consent of the pregnant woman,

(d) The pregnancy of a woman with human immune deficiency virus (HIV) or another incurable disease of similar nature is terminated with her consent.

Limitation

No complaint shall lie after the expiry of six months from the date of knowledge of the commission of the offense relating to illegal abortion.