Overview
On 20 August 2026 the Supreme Court delivered a landmark judgment on the enforcement of the PC‑PNDT Act. The Court ruled that the police cannot independently investigate offences under this Act; the responsibility rests with the specialised Appropriate Authority. This decision resolves a long‑standing conflict among High Courts about the police’s role in such cases.
Key Developments
- The police may record information about a suspected illegal sex‑determination case but must forward it to the Appropriate Authority.
- Only the Appropriate Authority can register a formal complaint, investigate, and take action under the PC‑PNDT Act.
- A police FIR cannot be the basis for a magistrate to take cognizance of a PC‑PNDT offence.
- If the same incident also involves a separate offence under the Indian Penal Code (IPC) or other criminal statutes, the police may investigate that offence independently.
- Section 27 of the PC‑PNDT Act, which labels offences as “cognisable, non‑bailable and non‑compoundable”, must be read together with Sections 17, 28 and the rule that limits police involvement.
Important Facts
The case originated from a complaint about illegal sex determination at a hospital in Bulandshahar, Uttar Pradesh. The District Magistrate, acting as the Appropriate Authority, authorised a decoy operation, leading to a raid and an FIR against the doctor. The accused challenged the charge sheet in the Allahabad High Court, which referred the matter to the Supreme Court for clarification.
The Court emphasized that the language of Sections 27 and 28, read together, shows a clear legislative intent to keep investigations within the specialised system. Police assistance is permissible only in a supplemental capacity as per Rule 18A(3)(iv), which now has statutory force.
Exam Relevance
This judgment is directly relevant to GS Paper II (Polity) as it illustrates the interplay between statutory design and institutional competence. It highlights the principle of “separation of powers” within the criminal justice system and the importance of specialised bodies for sensitive issues like gender‑biased medical practices. Aspirants should note how the Court interprets statutes holistically, a skill useful for legal and policy analysis.
Way Forward
For law‑enforcement agencies:
- Record any tip about PC‑PNDT violations and forward it promptly to the Appropriate Authority.
- Limit police involvement to assistance, not independent investigation, unless a separate IPC offence is present.
For the judiciary and policymakers:
- Ensure that the Appropriate Authority is adequately staffed and equipped to handle investigations.
- Strengthen coordination mechanisms between police and the Appropriate Authority to avoid duplication.
Overall, the ruling reinforces the specialised framework for curbing prenatal sex selection while preserving the police’s role in broader criminal matters.