Sex determination cases: Who can investigate, and what has the Supreme Court said?
There were essentially three questions before the Supreme Court: Can the police register an FIR for an offence under the Act? Can they investigate it? And can a Magistrate take cognisance of the offence on the basis of a police chargesheet?
The Supreme Court ruled on August 20, 2026, that the police cannot independently investigate violations of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. The Appropriate Authority, a specialized body under the law, is tasked with investigating such offences. The case stemmed from an allegation of illegal prenatal sex determination at a hospital in Bulandshahar, Uttar Pradesh.
The Appropriate Authority, comprised of a Joint Director of Health and Family Welfare, an eminent woman, and an officer of the State's Law Department, was authorized to conduct an investigation following a decoy operation. The court emphasized that the police's role is limited to assisting when necessary, without independently investigating the offence.
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