170. Killing unborn child
Any person who, when a woman or girl is about to be
delivered of a child, prevents the child from being born alive by any
act or
omission of such a nature that, if the child had been born alive and
had then
died, he would be deemed to have unlawfully killed the child, is guilty
of a
crime and is liable to imprisonment for life.
171. Concealing the birth of child
Any person who, when a woman or girl is delivered of a
child, endeavours, by any secret
disposition of the
dead body of the child, to conceal the birth, whether the child died
before, at
or after its birth, is guilty of a crime and is liable to imprisonment
for 2
years.
172. Procuring abortion
Subject to section 174, any person who, with the intention
of procuring the miscarriage of a woman or girl, whether or not the
woman or
girl is pregnant, administers to her, or causes to be taken by her, a
poison or
other noxious thing, or uses an instrument or other means is guilty of
a crime
and is liable to imprisonment for 7 years.
173. Supplying drugs, &c., to cause abortion
Subject to section 174, any person who unlawfully supplies
or obtains a poison or other noxious thing, or instrument or other
thing,
knowing that it is intended to be used or employed with the intention
of
procuring the miscarriage of a woman or girl, whether or not the woman
or girl
is pregnant, is guilty of a crime and is liable to imprisonment for 7
years.
174. Medical termination of pregnancy
(1) It is
lawful –
(a) for
a medical practitioner who is a gynaecologist
or
obstetrician to give medical treatment with the intention of procuring
the
miscarriage of a woman or girl who, he has reasonable cause to believe
after
medically examining her, has been pregnant for not more than 14 weeks
if the
medical treatment is given in hospital and the medical practitioner and
another
medical practitioner are of the opinion, formed in good faith after
medical
examination of the woman or girl by them, that –
(i) the continuance of the
pregnancy would involve greater risk to her life or greater risk of
injury to
her physical or mental health than if the pregnancy were terminated; or
(ii) there is a substantial risk
that, if the pregnancy were not terminated and the child were to be
born, the
child would have or suffer from such physical or mental abnormalities
as to be
seriously handicapped;
(b) for
a medical practitioner to give medical treatment with the intention of
procuring the miscarriage of a woman or girl who, he has reasonable
cause to
believe after medically examining her, has been pregnant for not more
than 23
weeks if the medical practitioner is of the opinion, formed in good
faith after
his medical examination of her, that termination of the pregnancy is
immediately necessary to prevent grave injury to her physical or mental
health;
or
(c) for a medical practitioner to
give medical treatment with the intention of procuring the miscarriage
of a
woman or girl if the treatment is given in good faith for the purpose
only of
preserving her life.
(2) No person is under a duty,
whether by contract or otherwise, to procure or to assist in procuring
the
miscarriage of a woman or girl or to dispose of or to assist in
disposing of an
aborted foetus if he has a conscientious
objection
thereto, but, in any legal proceedings, the burden of proving such a
conscientious objection shall rest upon the person claiming to have it.
(3) Nothing in this section relieves a medical practitioner
from his liability, in carrying out medical treatment or performing an
operation with the intention of procuring the miscarriage of a woman or
girl,
to carry out or perform it –
(a) if the consent of a person is required
by law to the
carrying out of the medical treatment or the performance of the
operation –
with that consent;
(b) with
professional care; and
(c) otherwise
according to law.
(4) A medical practitioner shall
be deemed to have met his liability under subsection (3)(a)
in carrying out the medical treatment or performing the operation if he
carries
it out or performs it –
(a) except where the
woman or girl is incapable in law
(otherwise than by being an infant) of giving the consent – with the
consent of
the woman or girl; and
(b) if the girl is under the age
of 16 years or is otherwise incapable in law of giving the consent –
with the
consent of each person having authority in law, apart from this
subsection, to
give the consent.