The Supreme Court on Thursday ruled that police cannot directly register FIRs or investigate cases involving illegal sex determination under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994.
A bench of Justice Sanjay Karol and Justice N.K. Singh upheld the Allahabad High Court’s decision and said that action under the PCPNDT Act must primarily be taken by the designated Appropriate Authority (AA).
The court observed that offences under the law involve medical knowledge and require sensitivity. It said police assistance should be avoided as far as possible and can be sought only when required by the Appropriate Authority.
Police cannot directly raid hospitals or ultrasound centres
The Supreme Court clarified that police are not the primary investigating agency for offences under the PCPNDT Act.
Police cannot independently register an FIR or initiate proceedings against doctors, clinics or hospitals under the Act.
They cannot directly conduct raids or investigations at ultrasound centres or hospitals.
Police assistance can be sought only when requested by the Appropriate Authority.
The court said the nature of the law requires specialised medical understanding, making the role of the designated authority important.
What powers does the Appropriate Authority have?
Under Section 17(4) of the PCPNDT Act, the Appropriate Authority is empowered to receive complaints and investigate offences under the law.
The authority can conduct inspections and surprise checks at hospitals, clinics and diagnostic centres and examine their records.
If violations are found, the authority can seize ultrasound machines, computers and relevant medical records. It can also suspend or cancel the registration of a centre and take action against doctors found violating the law.
For prosecution, the Appropriate Authority can approach the jurisdictional Magistrate directly to initiate proceedings against the doctor, clinic or hospital.
What is the PCPNDT Act?
The Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 was enacted to prohibit sex selection and prevent the misuse of prenatal diagnostic techniques for sex determination.
The law aims to curb female foeticide and address the declining sex ratio in the country.
Under the Act, clinics and laboratories using ultrasound or genetic testing equipment must be registered with the government. Operating such equipment without the required registration is also an offence.
