Supreme Court Ruling: Police Limited in Investigating Prenatal Diagnostic Offences
Supreme Court's Decision on PCPNDT Act Enforcement
New Delhi: On Thursday, the Supreme Court ruled that law enforcement agencies are not authorized to investigate violations of the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act.
This legislation was established to prevent the use of prenatal diagnostic methods for identifying the sex of a fetus.
A bench comprising Justices Sanjay Karol and N Kotiswar Singh emphasized that designated authorities under the law are responsible for taking action in such matters.
The court noted that the PCPNDT Act deals with complex issues that necessitate medical expertise and a sensitive approach.
According to the bench, the police are not intended to serve as the primary investigators for these cases, but may have a supportive role as outlined by the law.
This limitation is specific to offences under the PCPNDT Act and does not impede the police's ability to investigate and prosecute other independent criminal offences, the bench clarified.
This ruling arose from a case questioning the police's authority to file FIRs and investigate under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.