New Delhi, Aug 20: The Supreme Court on Thursday held that police cannot investigate offences under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, and said action in such cases must be taken by authorities specifically designated under the law.
A bench of Justices Sanjay Karol and N Kotiswar Singh observed that the PCPNDT Act deals with technical matters that may require medical knowledge and sensitivity.
“Police are not meant to be the investigators for the purposes of this Act,” the bench said, while clarifying that police can play a supplementary role in accordance with the provisions of the legislation.
The court, however, made it clear that the restriction applies only to offences under the PCPNDT Act and does not curtail the police's authority to investigate or prosecute independent offences disclosed under substantive criminal law.
The PCPNDT Act was enacted to prohibit the misuse of prenatal diagnostic techniques for determining the sex of a foetus and to prevent sex selection.
The apex court's ruling came in a case concerning the power of police to register FIRs and investigate offences under the PCPNDT Act.
A detailed judgment is awaited.
