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Supreme Court Ruling: Police Limited in Investigating Prenatal Diagnostic Offences

In a significant ruling, the Supreme Court has determined that police are not authorized to investigate offences under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act. This decision underscores the need for specialized authorities to handle such sensitive matters, which require medical knowledge. The court clarified that while police have a supplementary role, they cannot act as primary investigators in these cases. This ruling arose from a legal challenge regarding the police's power to file FIRs under the PCPNDT Act, highlighting the complexities involved in prenatal diagnostic regulations.
 

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.