Supreme Court Clarifies FIR and Investigation Powers Under the PC-PNDT Act
The Supreme Court has clarified the legal procedure applicable to offences under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PC-PNDT Act), holding that the police cannot independently register an FIR or conduct an investigation into offences under the legislation.
The ruling underscores the special procedural framework prescribed by the PC-PNDT Act for addressing violations related to sex selection and the misuse of diagnostic techniques. The Court emphasised that where Parliament has established a specific mechanism for taking cognisance of offences, authorities must follow the procedure prescribed under the special statute.
The PC-PNDT Act was enacted to prohibit sex selection before or after conception and to regulate the use of pre-natal diagnostic techniques. It also seeks to prevent the misuse of medical technology for sex determination leading to female foeticide.
The Supreme Court’s clarification is significant for enforcement agencies, medical establishments and statutory authorities responsible for implementing the Act. It reinforces the principle that procedural safeguards contained in special legislation must be respected while initiating criminal proceedings.
The judgment also highlights the importance of ensuring coordination between enforcement authorities and the competent authorities designated under the PC-PNDT framework. Such an approach can strengthen lawful enforcement while preventing procedural lapses.
From a governance perspective, the ruling provides greater clarity on institutional responsibilities under the PC-PNDT Act. It reinforces the need for statutory authorities to exercise their powers within the framework prescribed by law and ensures that enforcement remains consistent with legislative intent.
The decision is expected to guide lower courts and enforcement agencies in handling proceedings concerning alleged violations of the PC-PNDT Act, while strengthening adherence to due process and statutory procedure.
