MONTSERRAT. Penal
Code
(Ordinance No. 12 of 1983),
PART IX
Abortion, etc.
139. (1) Subject
to the provisions of this section, any person who, being with child,
with
intent to procure her own miscarriage unlawfully administers to herself
any
poison or other noxious thing, or unlawfully uses any instrument or
other
means whatsoever with the like intent; and any person who, with intent
to
procure the miscarriage of any woman (whether she be or be not with
child)
unlawfully administers to her, or causes her to take, any poison or
other
noxious thing, or unlawfully uses any instrument or other means
whatsoever
with the like intent, shall be guilty of an offence and liable on
conviction
to imprisonment for life.
(2)
A person shall not be guilty of an offence under section (1)
when
a pregnancy is terminated in a hospital, or other establishment
approved
for the purposes by the Chief Medical Officer, by a medical
practitioner
if two medical practitioners are of the opinion, formed in good faith -
(a)
that the continuance
of the pregnancy would involve risk of the life of the pregnant woman,
or
injury to the physical or mental health of the pregnant woman greater
than
if the pregnancy were terminated; or
(b)
that there is a substantial
risk that if the child were born it would suffer from such physical or
mental
abnormalities as to be seriously handicapped:
Provided that the reference to the opinion of two
medical practitioners and to an approved hospital or other
establishment shall not
apply to the termination of a pregnancy by a registered medical
practitioner
in a case in which he is of the opinion, formed in good faith, that the
termination is immediately necessary to save the life or to prevent
grave permanent injury to the physical or mental health of the pregnant
woman.
(3)
Any person who unlawfully supplies or procures any poison or
other
noxious thing, or any instrument or thing whatsoever, knowing that the
same
is intended to be unlawfully used or employed with intent to procure
the
miscarriage of any woman (whether she be or be not with child) shall be
guilty
of an offence and liable on conviction to imprisonment for five years.
140. Any
person who, with
intent to destroy the life of a child capable of being born alive, by
any
wilful act or omission causes a child to die before it has an existence
independent
of its mother, shall be guilty of an offence and liable to imprisonment
for
life:
Provided that a
person shall not be convicted of an
offence under this section if it is proved that the act which caused
the
death of the child was done in good faith for the purpose only of
preserving
the life of the mother.