Transplantation of Human Organs and Tissues Act, 1994 — back to Table of Contents
Section 8. Savings
(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 human organ or tissue or both from the body of a deceased person in accordance with the provisions of this Act nor the removal of any 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).
Note: Section 297 of the Indian Penal Code, 1860, dealing with trespass on burial places, corresponds to section 301 of the Bharatiya Nyaya Sanhita, 2023.
