Supreme Court: Police Role Limited in PCPNDT Act Investigations

• The Supreme Court has ruled that police cannot ordinarily investigate foetal sex determination offences under the PCPNDT Act.
• The police may only play a supplementary role in investigations as required by the Appropriate Authority (AA) authorized under the Act.
• The ruling restricts the ability of police to investigate violations of the PCPNDT Act, which may impact compliance with this regulation for medical professionals and facilities.

The Supreme Court has issued a ruling that limits the role of police in investigating foetal sex determination offences under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. On Thursday, a Bench of Justices Sanjay Karol, NK Singh, and AG Masih passed the judgment in the case of State Of Uttar Pradesh And Anr. Vs Brij Pal Singh And Anr. The Court's decision restricts the police from investigating or filing first information reports (FIRs) for violations under the PCPNDT Act.

According to the ruling, the police may only play a supplementary role in investigations as required by the Appropriate Authority (AA) authorized under the Act. This means that the police are not meant to be the primary investigators of offences outlined in the Act.

The PCPNDT Act, 1994, is a legislation aimed at preventing sex determination and selection before conception or during pregnancy. The Act requires medical professionals and facilities to obtain prior approval from the Appropriate Authority for conducting diagnostic procedures that may lead to sex determination. However, the Act does not explicitly state who should investigate violations of its provisions.

The Supreme Court's ruling is based on the interpretation of the Act's provisions, which indicate that issues related to foetal sex determination require technical and medical knowledge. The Court has held that the police are not equipped to handle such investigations, as they may not have the necessary expertise or sensitivity to deal with these matters.

The Allahabad High Court had earlier taken a similar view, holding that the police cannot investigate or file FIRs for violations under the PCPNDT Act. The Supreme Court has now endorsed this view and restricted the role of police in investigating offences under the Act.

The Supreme Court's ruling has significant implications for medical professionals, facilities, and law enforcement agencies. The decision limits the ability of police to investigate foetal sex determination offences under the PCPNDT Act, which may impact compliance with this regulation.

Lawyers should note that the ruling restricts the police from playing a primary role in investigating violations of the Act. This means that medical professionals and facilities must be aware of their obligations under the Act and take necessary steps to ensure compliance.

The Court's decision also highlights the need for specialized training and expertise in handling investigations related to foetal sex determination offences. The Appropriate Authority may need to play a more active role in ensuring compliance with the Act, particularly in cases where medical professionals or facilities are found to be violating its provisions.

Lawyers should note that the Supreme Court's ruling limits the police's ability to investigate foetal sex determination offences under the PCPNDT Act, which may impact compliance with this regulation for medical professionals and facilities.

Source: Original reporting via Bar and Bench