Section 58 - Abortion or miscarriage

(1) Subject to subsection (2),

(a) a woman who, with intent to cause abortion or miscarriage, administers to herself or consents to be administered to her a poison, drug or any other noxious thing or uses an instrument or any other means, or

(b) a person who

(i) administers to a woman a poison, drug or any other noxious thing or uses an instrument or any other means with the intent to cause abortion or miscarriage of that woman, whether or not that woman is pregnant or has given her consent,

(ii) induces a woman to cause or consent to causing abortion or miscarriage,

(iii) aids and abets a woman to cause abortion or miscarriage,

(iv) attempts to cause abortion or miscarriage, or

(v) supplies or procures a poison, drug, an instrument or any other thing knowing that it is intended to be used or employed to cause abortion or miscarriage,

commits a criminal offence and is liable on conviction to a term of imprisonment not exceeding five years.

(2) It is not a criminal offence under subsection (1) if an abortion or a miscarriage is caused in any of the circumstances referred to in paragraph (a) or (b) of subsection (1) by a registered medical practitioner specialising in gynaecology or any other registered medical practitioner in a Government hospital or in a private hospital or clinic registered under the Private Hospitals and Maternity Homes Act, 1958 (No. 9) or in a place approved for the purpose by legislative instrument made by the Minister,

(a) where the pregnancy is the result of rape, defilement of a female idiot or incest, and the abortion or miscarriage is requested by the victim or her next of kin or the person in loco parent is, if she lacks the capacity to make the request;

(b) where the continuance of the pregnancy would involve risk to the life of the pregnant woman or injury to her physical or mental health, and the woman consents to it or if she lacks the capacity to give the consent it is given on her behalf by her next to kin or the person in loco parentis; or

(c) where there is substantial risk that if the child were born, it may suffer from, or later develop, a serious physical abnormality or disease.

(3) A person who intentionally and unlawfully causes abortion or miscarriage commits a second degree felony.

(4) For the purposes of this section, “abortion or miscarriage” means the premature expulsion or removal of conception from the uterus or womb before the period of gestation is completed.