Section 25. Penalty for contravention of the provisions of the Act or rules for which no specific punishment is provided
Whoever contravenes any of the provisions of this Act or any rules made thereunder, for which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to one thousand rupees or with both and in the case of continuing contravention with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention.
How courts have applied section 25
- Section 25 is typically charged alongside other PCPNDT and penal provisions, and bail decisions often turn on the need for custodial interrogation.1,2,3
- Proceedings are quashed where the charge-sheet lacks sufficient material, for example, where the accused is not named in the FIR and involvement rests on a co-accused's statement.4,5,6,7
- A second revision petition by the same person is not maintainable under Section 438(3) of the BNSS.8
- After an acquittal by the trial court, retiral dues cannot be withheld pending the State's appeal.9
- A quashing plea based on forged documents is a defence for trial, not a ground to quash proceedings.10
- Where liability for related MTP Act and IPC offences fails, a PCPNDT conviction may still stand on a single count.11
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The judgements here mostly concern bail, the quashing of proceedings, and the maintainability of challenges under Section 25 of the PCPNDT Act, often read with other offences. Courts frequently assessed whether custodial interrogation was necessary and granted anticipatory bail where the investigation was complete or the accused's role was peripheral. Conversely, bail was refused where the accused was arrested during a raid in which a sonography machine was found.1,10,2,12,4,13,3
A recurring ground for quashing proceedings was that the charge-sheet lacked sufficient material against the accused, such as when the accused was not named in the FIR and the alleged involvement rested solely on a co-accused's statement. Courts also quashed complaints where a clinic's registration suspension had lapsed, and where a private complaint arose from a domestic dispute that had been amicably settled. However, quashing was refused where allegations of forged documents were treated as matters for trial, and where a second revision petition was barred by statute.4,5,6,7,14,12,8,10
The courts also applied procedural bars under the BNSS, holding that a second revision petition by the same person is not maintainable. In one matter, the High Court directed payment of retiral dues after an acquittal, holding that nothing remained to justify withholding them. Where a conviction under related provisions of the MTP Act and IPC failed, a conviction under Section 23(1) of the PCPNDT Act was upheld on a single count.8,9,11
By court
Outcomes
Judgements applying section 25
The High Court allowed an anticipatory bail application filed by a sonography machine vendor accused under the PCPNDT Act and BNS for supplying a machine used for fetal sex determination. The court granted bail subject to bond and reporting conditions.
AllowedOpenThe High Court allowed an anticipatory bail application filed by a sonography machine vendor accused under the PCPNDT Act and BNS for supplying a machine used for fetal sex determination. The court granted bail subject to bond and reporting conditions.
AllowedOpenMaintainability of second revision petition; Section 438(3) Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) bar on further application by same person once revision filed to High Court or Sessions Judge; PCPNDT Act, 1994 charge under Sections 23 and 25 for violating Rules and Sections 4, 5 and 29;
Quashing of PC&PNDT Act complaint under Section 482 CrPC; suspension notice dated 4.3.2014 'till submission of required registration with State Medical Council'; automatic revocation of suspension on submission of registration on 7.3.2014; formal revocation 29.3.2014 immaterial;
DisposedOpenApplication under Section 482 Cr.P.C. to quash proceedings under Sections 25/27/28 PCPNDT Act arising from irregularities at a hospital ultrasound centre. The court held that the applicant's defence of forged documents could be tested at trial, not at quashing stage, and rejected the application.
Bail granted; CRIMINAL MISC. BAIL APPLICATION No. 21554 of 2025; Kamal Kumar v. State of U.P.; Case Crime No.140 of 2025, P.S. Wave City, District Ghaziabad; Sections 61(2), 318(4) B.N.S. 2023; Sections 3/4/5 Medical Termination of Pregnancy Act 1971; Section 34 National Medical Commission Act;
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Section 528 BNSS; PC-PNDT Act Sections 3(1)(2)(3)/23, 25; non-bailable warrant issued 07.08.2020 without bailable warrant; CJM Azamgarh; Case Crime No. 11112 of 2019; Criminal Revision No. 102 of 2021 rejected 09.12.2022;
DisposedOpenretiral dues; gratuity; withholding of pensionary benefits; acquittal by trial court; State's appeal against acquittal pending; Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994 (Sections 23(3) & 25); ANM; Health Department; Judicial Magistrate Pithoragarh; judgment dated 01.03.2023;
DisposedOpenSushma Rani v. State of Haryana, CRM-M-11114-2025, High Court of Punjab and Haryana at Chandigarh, decided 27.03.2025 by Harpreet Singh Brar, J. — anticipatory bail under Section 482 BNSS sought in FIR No. 08 dated 04.01.2025, PS Sadar Yamuna Nagar, under Sections 318(4), 61(2), 91 BNS;
DisposedOpenBail refused — illegal foetal sex-determination and abortion case. Applicant: homeopath running Amar Hospital, Bhokardan, Dist. Jalna; Crime No. 0296/2024, Bhokardan Police Station; raid 06.07.2024; arrest 22.08.2024; chargesheet filed, investigation over. Offences: BNS Ss.
DismissedOpenAnticipatory bail allowed — Aurangabad Bench, Bombay High Court, R. M. Joshi, J., 14.01.2025; ABA No. 1766 of 2024; Balaji Nanasaheb Talekar; Crime No. 0177/2024, Pundliknagar Police Station, Aurangabad; IPC Sections 420, 312, 313 r/w 34; Maharashtra Medical Practitioner Act Section 33(2);
AllowedOpenAnticipatory bail sought by an ultrasound centre operator booked under PC & PNDT Act after inspections found centres non-compliant. Noting the licence was already suspended and clean antecedents, the High Court granted anticipatory bail with standard Section 438(2) CrPC conditions.
AllowedOpen
Satish s/o Balasaheb Gaware (medical practitioner) v. State of Maharashtra and Dr. Amarjyoti Jayant Shinde (informant) - Criminal Application No.684 of 2025, High Court of Judicature at Bombay, Bench at Aurangabad, 2026:BHC-AUG:17341-DB, Coram S.G. Chapalgaonkar J., decided 20 April 2026.
AllowedOpenK.Ramachandran Vs Appropriate Authority for Sub District Under Pre Conception
Outcome: Partly allowedMadras High Court (G.K. Ilanthiraiyan J.), CRL RC No. 1005 of 2021, decided 24-03-2026: Criminal revision under Sections 397/401 CrPC against conviction under Sections 23(1) (2 counts) and 25 of the PCPNDT Act, 1994, Sections 5(2) and 5(3) of the MTP Act, 1971 and Section 312 IPC, confirmed in appeal (Crl.A.No.13 of…
Partly allowedOpenSection 528 BNSS quashing application; PCPNDT Act 1994 Sections 3, 4, 23, 25; interim stay of complaint proceedings; summoning order dated 11.02.2022; Complaint Case No.6691 of 2022 (Dr.Sunil Tyagi vs. Dr.D.S.Mavi); Chief Judicial Magistrate, Ghaziabad; P.S. Loni Border; Allahabad High Court; Justice Deepak Verma;
Satish s/o Balasaheb Gaware (medical practitioner) v. State of Maharashtra and Dr. Amarjyoti Jayant Shinde (informant) - Criminal Application No.684 of 2025, High Court of Judicature at Bombay, Bench at Aurangabad, 2026:BHC-AUG:17341-DB, Coram S.G. Chapalgaonkar J., decided 20 April 2026.
AllowedOpenSatish s/o Balasaheb Gaware (medical practitioner) v. State of Maharashtra and Dr. Amarjyoti Jayant Shinde (informant) - Criminal Application No.684 of 2025, High Court of Judicature at Bombay, Bench at Aurangabad, 2026:BHC-AUG:17341-DB, Coram S.G. Chapalgaonkar J., decided 20 April 2026.
AllowedOpenInterim stay on parity-based quashing plea. Application U/S 528 BNSS No. 49813 of 2025, Sahab Singh and another v. State of U.P. and another, Allahabad High Court, Court No. 78, Vivek Kumar Singh, J., 12.12.2025. Underlying case: Case no. 1233 of 2025 (State v. Riya Sahgal and others), Case Crime no.
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Madras High Court (K. Rajasekar, J.) allowed a Criminal Original Petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and granted anticipatory bail to Parimala (A1, a staff nurse at Government Hospital, Palacode) and Vadivel (A4), who apprehended arrest in Crime No.293/2025 of Palacode Police…
AllowedOpenRegular bail granted on parity despite four similar criminal antecedents; Section 483 BNSS bail application; Bombay High Court Aurangabad Bench; Judge Sanjay A. Deshmukh; decided 14 October 2025; Bail Application No.1502 of 2025; applicant Sandip Kailas Gore v. State of Maharashtra;
AllowedOpenBail application allowed; parity with co-accused (Bail Application No.633 of 2025); PCPNDT Act; sex-determination machine; BNS Sections 111, 61, 318; M.T.P. Act Section 3(4); Maharashtra Medical Practitioner Act Section 33; no independent evidence of involvement; applicant in custody in another crime from 07.10.2024;
AllowedOpenCriminal bail — Regular bail granted. Applicant implicated in FIR No. 0792/2024 (Taluka Jalna Police Station, dt. 18/12/2024) under ss. 111(2)(B), 61, 318(2), 318(4), 3(5) Bharatiya Nyaya Sanhita; ss. 3(1), 3(2), 3(3), 23 and 25 PCPNDT Act, 1994; ss. 3 and 4 MTP Act, 1971; s.
AllowedOpen