The Supreme Court of India ruled Thursday that police cannot ordinarily register FIRs or investigate offences under the Pre-conception and Pre-natal Diagnostic Techniques Act [1, 2, 3].
This decision restricts the power of law enforcement to initiate criminal proceedings in prenatal sex-selection cases, shifting the primary legal authority to specialized statutory bodies. The ruling ensures that technical medical investigations are handled by experts rather than general police officers.
A bench consisting of Justices Sanjay Karol and N. Kotiswar Singh delivered the judgment in New Delhi [1, 3]. The court said that only designated statutory authorities hold the power to investigate offences under the PCPNDT Act [3].
Under the current ruling, police cannot ordinarily register FIRs or investigate offences under the act; only designated authorities must take action, the bench said [2]. The court said that the intent of the PCPNDT Act was to vest investigative powers in specific authorities to maintain the integrity of the process [2, 4].
While the ruling limits the ability of police to lead investigations, it does not entirely remove them from the process. Legal interpretations suggest that police may still assist in raids, but they cannot independently drive the investigative phase of a sex-determination case [4].
The court's decision clarifies a long-standing ambiguity regarding the intersection of general criminal law and specialized medical regulations. By reserving these powers for statutory authorities, the court aims to prevent the misuse of police power in sensitive medical environments [2, 4].
“Police cannot ordinarily register FIRs or investigate offences under the PCPNDT Act.”
This ruling creates a legal firewall between general law enforcement and the specialized oversight of prenatal diagnostics. By stripping police of the power to initiate these specific cases, the court is prioritizing the technical expertise of statutory authorities over the broad reach of the police force, potentially slowing down the initial registration of cases but increasing the specialized nature of the evidence gathered.
