Sex determination cases: Who can investigate, and what has the Supreme Court said?
The Supreme Court of India has ruled that police cannot independently investigate cases under the Pre-Conception and Pre-Natal Diagnostic Techniques Act. The court clarified that the Appropriate Authority, a specialized body, holds the primary responsibility for investigating and registering complaints regarding illegal sex determination.
Why it matters
This ruling limits police overreach in sensitive medical-legal matters and reinforces the authority of specialized regulatory bodies in enforcing reproductive laws.
Story so far: The Supreme Court on August 20, 2026, has ruled that the police cannot independently investigate offences relating to illegal prenatal sex determination under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. The responsibility lies primarily with the Appropriate Authority, a specialised body constituted under the law. In a judgment authored by a Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh, it settles a long-standing disagreement among High Courts over whether the police could register FIRs and investigate such offences because they are classified as “cognisable” and “non-bailable”.
The case arose from an allegation of illegal sex determination of a foetus at a hospital in Bulandshahar, Uttar Pradesh.
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