NEW DELHI: The Supreme Court on Thursday ruled that police cannot ordinarily investigate offences related to foetal sex determination under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act), holding that authorities designated under the law must take the lead in such cases.A bench comprising Justice Sanjay Karol and Justice NK Singh, as per the Bar and Bench, said the police can have only a limited and supplementary role when required by the Appropriate Authority (AA), which is authorised under the Act to file complaints.“Police are not meant to be the investigators for the purposes of this act. Recourse to the police be avoided as far as possible. Police to play a supplementary role as required under the AA (appropriate authority) as per the provisions,” the bench said, according to Bar and Bench.The court upheld the view taken by the Allahabad high court that police cannot independently investigate violations under the PCPNDT Act or register first information reports (FIRs) for such offences.The Supreme Court’s ruling came in the case of State Of Uttar Pradesh And Anr. Vs Brij Pal Singh And Anr.
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The bench noted that the PCPNDT Act deals with technical issues that may require medical expertise and sensitivity. The court therefore held that police should not act as the primary investigators in cases involving offences under the legislation, Bar and Bench reported.Under the legal framework, the Appropriate Authority has the power to take action and file complaints in cases involving alleged violations of the Act.The Supreme Court, however, clarified that this does not completely exclude the police from such matters. Police assistance can be sought when required by the Appropriate Authority, but their role remains supplementary rather than primary.