The Allahabad High Court recently ruled that police officers are not authorized to register First Information Reports (FIRs) or conduct investigations under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PC & PNDT Act). The court emphasized that only the ‘Appropriate Authority’ or an authorized individual under the Act has the legal mandate to investigate violations. Police involvement, the court specified, can be sought solely when the accused obstructs proceedings.

These observations were made by a single-judge bench led by Justice Anish Kumar Gupta on September 30, 2024, in response to a petition filed by a doctor seeking to quash an FIR against him. The doctor was accused of illegally conducting prenatal sex determination in 2017. The FIR was lodged by a Tehsildar under the authorization of the District Magistrate following a search of the doctor’s hospital. However, the petitioner argued that only the ‘Appropriate Authority,’ as defined under Section 28 of the PC & PNDT Act, could initiate complaint proceedings, rendering the FIR against him illegal.

Court’s Interpretation of the PC & PNDT Act

The court referred to the precedent set by the Supreme Court in the Jeewan Kumar Raut case, which dealt with similar provisions under the Transplantation of Human Organs Act (TOHO), 1994. The apex court had ruled that FIRs and police investigations under special laws, such as the TOHO Act, were invalid unless authorized by the respective special law. Applying this principle, the Allahabad High Court clarified that under the PC & PNDT Act, complaints must be filed only by designated authorities, and police reports cannot be used to initiate legal proceedings.

Justice Gupta stated, “The PC & PNDT Act specifically restricts police officers from registering FIRs and conducting investigations. Complaints must be lodged only by authorized persons, and police intervention is limited to situations where offenders create obstructions that cannot be managed without law enforcement support.”

The court further observed that, under Section 28 of the Act, the appropriate authorities are empowered to receive complaints, investigate violations, and initiate legal action. The involvement of police in the investigation is discouraged, except under exceptional circumstances, such as cases where the accused obstruct the investigation.

FIR and Charges Quashed by the Court

In the present case, the doctor had challenged the legality of the FIR and subsequent investigation, arguing that the Tehsildar did not have the authority to file the FIR. The state’s counsel argued that the Tehsildar’s actions were valid since he acted under the District Magistrate’s direction. However, the court rejected the state’s argument, ruling that FIRs are not permissible under the PC & PNDT Act. The court also quashed the charge sheet filed by the police and the cognizance taken by the Additional Chief Judicial Magistrate, Bulandshahr, on January 2, 2018, stating that these actions were invalid.

Legal Issues to Be Decided by the Apex Court

The bench emphasized that the PC & PNDT Act forms a complete legal framework that governs the filing of complaints, investigations, and search-and-seizure procedures. It clarified that the provisions of the Criminal Procedure Code (CrPC) are not applicable to violations under the PC & PNDT Act. However, acknowledging the differing views among various High Courts on similar issues, the Allahabad High Court suggested that certain legal questions be resolved by the Supreme Court, including:

1. Whether registering an FIR for offenses under the PC & PNDT Act is valid since the Act classifies offenses as cognizable and non-bailable.

2. Whether police are authorized to investigate offenses under the PC & PNDT Act.

3. Whether a Magistrate can take cognizance of offenses based on a charge sheet filed by the police under this Act.

The court concluded that it was a suitable case for appeal to the Supreme Court under Articles 134(1)(c) and 134A of the Indian Constitution, given the significant legal questions that need authoritative resolution.

Official Notice: https://pdf_upload/allahabad-hc--256873.pdf

(Input from various sources)

(Rehash/Ankur Deka/MSM)