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New Delhi : In a ruling delivered on Thursday, the Supreme Court stated that the police cannot, as a general rule, directly register an FIR and investigate offenses such as prenatal sex determination under the PCPNDT Act, 1994. The Court observed that the responsibility for conducting investigations and filing complaints under this Act lies with the ‘Appropriate Authority.’ However, the police may play a limited and supportive role to assist the Appropriate Authority when necessary.
While adjudicating a case originating from Uttar Pradesh, the Court clarified that the PCPNDT Act is a special statute dealing with technical and sensitive matters; consequently, the Act establishes a specific mechanism for investigation and the filing of complaints.
The Court noted that the police are not the primary investigating agency under this Act and that recourse to the police should be avoided as far as possible. Nevertheless, the concerned authority is not barred from seeking police assistance when required. The Court also clarified that this restriction on police investigation regarding PCPNDT Act offenses does not apply to independent offenses under general criminal law.
The Court observed that merely registering an FIR under the PCPNDT Act does not enable the police to carry the case to its logical conclusion in accordance with the procedure prescribed by the Act, as the law mandates a distinct process for filing complaints and for the court to take cognizance. Under Section 28, a Magistrate can take cognizance of an offense under the PCPNDT Act only upon a complaint filed by the authorized person or authority specified in the Act.
Report – Abhijit Tushar Bhatt (Political Editor)
