Sex determination cases: Who can investigate, and what has the Supreme Court said? | Explained
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 charge sheet?
The Supreme Court has ruled that the police cannot independently investigate offences related to illegal prenatal sex determination under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. The responsibility lies with the Appropriate Authority, a specialised body constituted under the law.
The court clarified that despite the offences being classified as "cognisable, non-bailable and non-compoundable," the investigation must be conducted by the Appropriate Authority as per the provisions of Section 17 of the Act.
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