The Supreme Court ruled that police cannot ordinarily investigate offences under the PCPNDT Act, affirming that this responsibility lies mainly with Appropriate Authorities. The Court recognizes the police's supplementary role as necessary.
Police Cannot Investigate PCPNDT Offences as per Supreme Court Ruling
The Supreme Court of India clarified that the police do not have the jurisdiction to investigate foetal sex determination offences under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act) in a ruling delivered on Thursday. This judgment came in the case of State Of Uttar Pradesh And Anr. Vs Brij Pal Singh And Anr.
A bench consisting of Justices Sanjay Karol, N.K. Singh, and A.G. Masih noted that while the PCPNDT Act mandates specific authorities to take action on such offences, the police may fulfill a supportive role under limited circumstances.
Total reliance on the police for investigations in such sensitive matters was deemed inappropriate by the Court. The ruling underlines the importance of designated authorities in handling cases related to the PCPNDT Act, ensuring they remain under specialized oversight, given the Act's goal of prohibiting sex-selective practices.
This decision has significant implications for law enforcement practices, emphasizing the need for coordination between police and designated authorities when handling cases under the PCPNDT Act.
Citations
- State Of Uttar Pradesh And Anr. Vs Brij Pal Singh And Anr (2026)
