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Penalty as per pndt act

 

PENALTY AS PER PNDT ACT

 
From the reading of Article 20(1) of the Constitution of India, it is clear that in the said Article the word "penalty" has been used and not the "sentence/imprisonment". Merely because Sub-section (1) of Section 23 of the PNDT Act deals with sentence/imprisonment to be imposed and Sub-section (2) of the said Section deals with the removal of the name of a medical practitioner from the State Medical Register on his conviction, does not make any difference. In both the situations, a penalty is provided which is to be imposed upon a person who has been convicted for the offences under the said Act. For an offence, there can be two penalties, one in the shape of imprisonment and the other in a different shape which in the present case is the removal of the name of a medical practitioner from the State Medical Register on his conviction. In our opinion, both the penalties are subjected to rigour of Article 20 of the 
 


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