166. Termination of pregnancy in certain cases
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(1) In this section—
“medical practitioner” means any person registered as a duly qualified medical practitioner under the Registration of Medical Practitioners Act or any enactment replacing it;
“termination of pregnancy” means termination of human pregnancy with an intention other than to produce a live birth.
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(2) For the purposes of this section, the duration of a pregnancy shall be determined—
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(a) by calculating from the first day of the last normal menstruation of the pregnant woman and ending on the last day of the relevant week; and
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(b) by clinical examination.
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(3) Where 2 medical practitioners have reason to believe that—
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(a) the continuance of a pregnancy involves a risk to the life of the pregnant woman;
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(b) the pregnancy is as a result of rape or incest;
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(c) a termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman,
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the medical practitioners may, with the consent of the pregnant woman or a person authorized by the pregnant woman, administer treatment for the termination of the pregnancy, if the length of the pregnancy does not exceed 12 weeks.
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(4) For purposes of this section and despite any other provisions of this Code regarding rape or incest, where a treatment for termination of pregnancy is pursuant to subsection (3)(b), it shall be enough for a woman to show that a rape or incest occurred by providing to the medical practitioners, a copy of a police report in the form specified in Schedule 8 signed by the Commissioner or a person authorised by him or her for that purpose, showing—
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(a) the date and time the incidence of the rape or incest was reported;
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(b) that an investigation by the police is underway.
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(5) In the treatment of the termination of a pregnancy of a woman of any marital status, while the medical practitioners may encourage the woman to inform her partner, they are not required either to obtain the partner's consent or to notify him.
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(6) A medical practitioner shall advise a pregnant woman that she may seek pre-termination counselling and to facilitate such counselling no treatment for a termination shall be administrated until 48 hours after the woman has made a request for such termination of pregnancy has passed.
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(7) The following subsections do not apply where the treatment to terminate the pregnancy is immediately necessary to save the life of the pregnant woman or to prevent grave permanent injury to her physical or mental health; namely—
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(a) subsection (3) relating to the number of medical opinions required;
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(b) subsection (3) insofar as it relates to the length of the pregnancy;
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(c) subsection (6) relating to counselling,
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and in such circumstances a single medical practitioner may administer the treatment.
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(8) No treatment for termination of pregnancy shall be administered in accordance with this section at any place other than at an approved institution certified by the Minister for health by order in the Gazette.