Afghanistan: Abortion Law

 

Background

 The Afghanistan Criminal Code of 7 October 1976 stipulates that the performance of an abortion is a criminal offense except to save the life of the mother. 

 

Penal code Afghanistan Chapter four: Abortion

Article 402. A person who intentionally causes abortion of a human fetus by beating or any other harmful means shall be sentenced to long imprisonment not exceeding seven years.

Article 403. (1) A person who causes abortion by means of drugs or otherwise, even though the act has been accomplished with the consent of the pregnant woman, shall be sentenced to medium imprisonment or shall be fined an amount not less than twelve thousand Afghanis and not exceeding sixty thousand Afghanis.

(2) If the drugs have been administered by mistake, the offender shall be sentenced to short imprisonment or shall be fined an amount not exceeding twelve thousand Afghanis.

Article 404. (1) If the person committing the act of abortion is a medical doctor, surgeon, pharmaceutist, or a nurse, the offender shall be sentenced to the maximum anticipated punishment for the crime.

(2) If the persons, specified under the above paragraph, commit the act of abortion for the purposes of saving the life of the mother, the offender shall not be punished.

Article 405. A pregnant woman who, cognizant of the repercussions of the act, deliberately uses drugs or other means or allows someone else to apply these means to her, as a result of which abortion takes place, shall be sentenced to short imprisonment or shall be fined an amount not exceeding twelve thousand Afghanis.

Article 406. Initiating an act of abortion shall not be deemed punishable.

Relevant penal code

Full penal code