AUTHORITY FOR THE REMOVAL OF HUMAN ORGANS OR TISSUES OR BOTHCentral

Section 8 of The Transplantation of Human Organs and Tissues Act, 1994

(1)Nothing in the foregoing provisions of this Act shall be construed as rendering unlawful any dealing with the body or with any part of the body of a deceased person if such dealing would have been lawful if this Act had not been passed.
(2)Neither the grant of any facility or authority for the removal of any 1[human organ or tissue or both] from the body of a deceased person in accordance with the provisions of this Act nor the removal oil any 1[human organ or tissue or both] from the body of a deceased person in pursuance of such authority shall be deemed to be an offence punishable under section 297 of the Indian Penal Code (45 of 1860).

Summary

Any dealing with a deceased person's body that was already lawful before this Act was passed remains lawful.
The Act does not accidentally make older, legal medical practices regarding dead bodies illegal.
Giving authority to remove an organ, or actually removing an organ under this Act, is protected from criminal charges under section 297 of the Indian Penal Code.

Practical examples

1On 10 August 2025, a medical college uses an unclaimed dead body for anatomical dissection and teaching, a practice that was legal long before 1994. The college cannot be prosecuted under the 1994 Act because the new law protects dealings that were already lawful.

2Dr. Sharma removes a liver from a deceased donor on 3 November 2026 after getting the proper family authorization. Someone complains to the police that this is a desecration of a corpse, but the police drop the case because the Act specifically protects the doctor from charges under Section 297 of the Indian Penal Code.

FAQ

1. Does this Act cancel out previous laws that allowed medical research on dead bodies?

No, if a dealing with a dead body was lawful before this Act was passed, it remains lawful.

2. Can a doctor be charged with a crime for disturbing a dead body if they remove an organ for transplant?

No, as long as the removal is done with the proper authority under this Act, it is not considered an offense under Section 297 of the Indian Penal Code.

3. Does this protection apply to anyone who removes an organ?

It applies specifically to removals and authorities granted in accordance with the provisions of this Act.

Test yourself

Q1.Under Section 8 of The Transplantation of Human Organs and Tissues Act, 1994, which specific criminal law is mentioned as not applying to an authorized organ removal from a deceased person?

Q2.Under Section 8 of The Transplantation of Human Organs and Tissues Act, 1994, what happens to older legal practices regarding the dealing with a deceased person's body?

Q3.Under Section 8 of The Transplantation of Human Organs and Tissues Act, 1994, which two actions are protected from being deemed an offence under the Indian Penal Code?

Q4.Under Section 8 of The Transplantation of Human Organs and Tissues Act, 1994, whose body is primarily referenced when discussing the protections against criminal charges for organ removal?

7PreviousSection 7 Preservation of human organs or tissue or both.9NextSection 9 Restrictions on removal and transplantation of human organs or tissues or both.

←Section 7 Section 9→