Police cannot investigate offences under PCPNDT Act: SC

21/08/2026

NEW DELHI, Aug 20: Police cannot commence an independent investigation of the offences under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, the Supreme Court said on Thursday.
A bench of Justices Sanjay Karol and N Kotiswar Singh held that authorities designated under the law must take action in such cases.
The PCPNDT Act was enacted with the intent to prohibit the use of prenatal diagnostic techniques for determination of the sex of the foetus.
The top court said the police cannot be the main investigating authority and at best, it may play a supplemental role, as and when required by the appropriate authority under its supervision.
"The language of the statute, more particularly Sections 27 and 28 of the Act when read together, in light of the other provisions and the socially beneficial nature of the Act as also the requirement of sensitivity along with medical and technical know-how, indicates that the police are not meant to be the investigators for the purpose of this Act.
"This is further made clear by the fact that an FIR once registered cannot be taken to its logical conclusion as per the procedures of this Act. The restriction applies only to offences under this Act and does not restrict the police's power to investigate or prosecute independent offences disclosed under substantive criminal law (IPC/BNS)," the bench said.
The apex court said the requirement of the legislation being socially beneficial in
nature and there being a requirement to protect doctors from being harassed or intimidated, has led it to take this view.
The apex court's judgement came in a case concerning the police's power to register FIRs and investigate offences under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.
On the question whether magistrate can take cognisance of the offence under the PCPNDT Act, the top court held that Section 28 of the Act envisions a complete statutory embargo on the taking of cognizance except in situations and scenarios provided thereunder.
"The answer has to be clear. The competent Magistrate shall not be able to take cognizance upon the filing of a chargesheet," the bench said.
Writing a separate concurring judgement, Justice Singh said if the offence is only sex determination, communication of fetal sex, prohibited use of the diagnostic technique, or another offence which clearly falls within the scope of PCPNDT Act, the police must keep their hands off that investigation unless the appropriate authority seeks their assistance.
"Conversely, if a deliberate medical act independently causes death, homicide, foeticide, or such other connected offences, and the facts satisfy the ingredients in the general penal law offence, the police may investigate those offences.
"What they cannot do is use the general offence as a gateway to take over the PC & PNDT inquiry and equally, the Special Act cannot operate as a shield against investigation of a genuinely distinct IPC/BNS offence," Justice Singh wrote.
He said that where information received by a police station, on its reasonable reading, discloses only a contravention of the PCPNDT Act or rules, the police shall make appropriate station/diary entry and transmit the information and accompanying material without avoidable delay to the notified appropriate authority.
"The police shall not commence an independent investigation of the PC & PNDT offence. The appropriate authority shall thereafter act under the applicable provisions of the PC & PNDT Act," Justice Singh said.

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