The Supreme Court has held that police cannot independently register an FIR or act as the primary investigating authority for offences under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PC & PNDT Act).
A Bench of Justice Sanjay Karol and Justice N Kotiswar Singh ruled that the Appropriate Authority constituted under the Act is responsible for investigating complaints, while the police may assist only in a supplementary capacity when called upon by the Appropriate Authority.
The Court further held that a Magistrate cannot take cognizance of an offence under the Act on the basis of a chargesheet submitted following a police investigation.
The judgment arose from an Allahabad High Court order dated September 30, 2024, which had referred three questions concerning the interplay between Sections 27 and 28 of the Act to the Supreme Court.
The proceedings before the Supreme Court stemmed from a dispute over the manner in which offences under the PC & PNDT Act should be investigated and prosecuted. The issue assumed significance because, while Section 27 classifies offences under the Act as cognizable, Section 28 lays down a specific mechanism for a court to take cognizance of such offences. The apparent overlap between the two provisions led to questions about whether the general police powers associated with cognizable offences could operate independently of the special procedure prescribed by the Act.
Section 27 makes offences under the Act cognizable, non-bailable and non-compoundable. However, Section 28 stipulates that courts cannot take cognizance of an offence except on a complaint made by the Appropriate Authority or an authorised officer, or by a person who has given at least 15 days’ notice to the Appropriate Authority regarding the alleged offence and the intention to file a complaint.
The Supreme Court was therefore called upon to determine whether the cognizable nature of offences under Section 27 independently empowers the police to register and investigate FIRs, or whether the special procedure prescribed under Section 28 governs the initiation of criminal proceedings.
The Court’s ruling clarifies that the statutory scheme gives the Appropriate Authority the central role in initiating and investigating proceedings under the PC & PNDT Act, notwithstanding the classification of offences as cognizable.
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