Supreme Court to decide if police can investigate PCPNDT Act offences

This case concerns a criminal appeal regarding the interpretation of the Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, specifically whether police are permitted to register FIRs and conduct investigations for offences under the Act, or if such powers are exclusively reserved for the Appropriate Authority.

Who it concerns: The matter involves the State of Uttar Pradesh and another as Appellants versus Brij Pal Singh and another as Respondents. The judgment is authored by Justice Sanjay Karol.

What the court decided

• The Court is addressing three specific questions framed by the Allahabad High Court: (1) whether FIR registration is permissible for PCPNDT Act offences; (2) whether police investigation is permissible and who can investigate; and (3) whether a Magistrate can take cognizance of a police chargesheet.
• The appeal arises from a quashing petition under Section 482 CrPC which was accepted by the Single Judge, who then issued a certificate for appeal due to conflicting High Court views on the role of police in PCPNDT Act investigations.

Also in the document

• The document notes a difference of opinion among various High Courts (Allahabad, Delhi, Punjab & Haryana, Madras) on whether police can register FIRs and investigate PCPNDT Act offences.
• The case is marked as 'REPORTABLE' and is cited as 2026 INSC 901.