New Delhi, August 21, 2026: The Supreme Court has ruled that police cannot independently register an FIR and investigate offences under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act).
A Bench of Justice Sanjay Karol and Justice N. Kotiswar Singh held that the Appropriate Authority constituted under the Act is responsible for investigating and initiating prosecution for offences under the PCPNDT Act. The Court clarified that the fact that these offences are cognizable and non-bailable does not give the police an independent power to investigate them.
The Court relied on Section 28 of the PCPNDT Act, which lays down who can initiate prosecution, along with Rule 18A(3)(iv) of the PCPNDT Rules, 1996. The statutory scheme requires offences under the Act to be pursued through a complaint by the Appropriate Authority or another person authorised under the law.
The Supreme Court, however, clarified that the police are not completely excluded. They may assist the Appropriate Authority when required. Further, if the same facts disclose a separate offence under general criminal law, the police can investigate that independent offence in accordance with law.
The ruling reinforces the specialised enforcement mechanism created under the PCPNDT Act and makes clear that police investigation cannot replace the procedure specifically prescribed by the Act.
Compiled and Researched By: Adv. Anjani Singh