Police cannot investigate sex determination offences under PCPNDT Act: Supreme Court
The Supreme Court of India ruled that police are not the primary investigators for offences under the PCPNDT Act, which regulates foetal sex determination. The court emphasized that designated authorities under the Act should lead investigations due to the technical and medical nature of the law.
Why it matters
This clarifies the legal procedure for sensitive medical-legal cases, ensuring that specialized authorities handle complex regulatory violations rather than general police forces.
NEW DELHI: The Supreme Court on Thursday ruled that police cannot ordinarily investigate offences related to foetal sex determination under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act), holding that authorities designated under the law must take the lead in such cases.A bench of Justices Sanjay Karol, NK Singh and AG Masih, as per the Bar and Bench, said the police can have only a limited and supplementary role when required by the Appropriate Authority (AA), which is authorised under the Act to file complaints."Police are not meant to be the investigators for the purposes of this act. Recourse to the police be avoided as far as possible.
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