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Supreme Court says police cannot independently investigate PCPNDT Act offences, leaving designated authorities to take action under the law.
Supreme Court of India, ruled that police cannot independently investigate PCPNDT Act offences.
The Supreme Court on Thursday ruled that police cannot independently investigate offences under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, and said the authorities designated under the law must take action in such cases.
A bench of Justices Sanjay Karol and N Kotiswar Singh held that police cannot act as the primary investigating authority under the Act. They may only play a supplementary role when required by the appropriate authority and under its supervision.
Why The Court Barred Independent Police Probe
The PCPNDT Act was enacted to prohibit the use of prenatal diagnostic techniques for determining the sex of a foetus.
The court said the language of Sections 27 and 28, read with other provisions of the law, shows that police are not intended to investigate offences under the Act. It noted that the legislation requires sensitivity as well as medical and technical expertise.
The court also said the socially beneficial nature of the law and the need to protect doctors from harassment or intimidation were factors behind its decision.
FIR Cannot Lead To Chargesheet Under PCPNDT Act
The bench noted that even if an FIR is registered, it cannot be taken to its logical conclusion through the usual criminal procedure for offences under the PCPNDT Act.
However, the restriction applies only to offences under the special law. Police continue to have the power to investigate and prosecute separate offences that are disclosed under general criminal law, including the IPC or Bharatiya Nyaya Sanhita (BNS).
The judgment came in a case examining the police’s power to register FIRs and investigate offences under the PCPNDT Act.
Magistrate Cannot Take Cognisance On Chargesheet
The Supreme Court also clarified whether a magistrate can take cognisance of an offence under the Act.
It held that Section 28 creates a complete statutory bar on taking cognisance, except in the situations specifically provided under the law. The bench said a competent magistrate cannot take cognisance merely on the basis of a chargesheet filed by police.
Police Can Probe Separate Criminal Offences
In a separate but concurring judgment, Justice N Kotiswar Singh explained the distinction between PCPNDT offences and independent offences under general criminal law.
If the alleged offence involves only sex determination, communication of the sex of a foetus, prohibited use of diagnostic techniques or another offence clearly covered by the PCPNDT Act, police must not independently investigate unless the appropriate authority asks for their assistance.
However, if a deliberate medical act independently results in death, homicide, foeticide or another offence under general penal law, police can investigate those offences if the facts satisfy the legal requirements.
Justice Singh clarified that police cannot use a general criminal offence to take over an investigation that properly falls under the PCPNDT Act. At the same time, the special law cannot prevent investigation of a genuinely separate offence under general criminal law.
What Police Must Do When PCPNDT Violation Is Reported
Justice Singh said that when information received by a police station, on a reasonable reading, reveals only a violation of the PCPNDT Act or its rules, police should make an appropriate station or diary entry.
The information and accompanying material must then be sent without avoidable delay to the notified appropriate authority.
The appropriate authority, and not the police, must thereafter proceed under the applicable provisions of the PCPNDT Act.
Key Questions Answered
Ask News18The Supreme Court’s ruling means that police cannot independently investigate offences under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act. Instead, authorities designated under the law must take action in such cases, with the police playing a supplementary role. This restriction applies only to offences under the PCPNDT Act and does not limit the police’s power to investigate and prosecute independent offences disclosed in substantive criminal law.
Ask News18Delhi, India, India
August 20, 2026, 9:45 PM IST
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