Jurisdictional Boundaries in PC-PNDT Act Enforcement: Supreme Court Clarifies Investigative Authority
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The Supreme Court has ruled that police lack the independent authority to register FIRs or investigate offences under the PC-PNDT Act, emphasizing that such powers are exclusively vested in the 'Appropriate Authority'.
In a significant judicial clarification regarding the enforcement of the Pre-Conception and Pre-Natal Diagnostic Techniques (PC-PNDT) Act, 1994, the Supreme Court has delineated the boundaries of investigative powers. The Court held that the police cannot independently initiate criminal proceedings or conduct investigations into violations of the Act. Instead, the statutory mandate for investigation and prosecution rests solely with the 'Appropriate Authority' constituted under the Act.
The PC-PNDT Act was enacted as a specialized legislation to curb the declining child sex ratio and prevent female foeticide. By designating specific 'Appropriate Authorities' at the district and sub-district levels, the legislature intended to create a specialized mechanism for monitoring diagnostic centers. The Supreme Court’s ruling reinforces this legislative intent, ensuring that the enforcement of this sensitive social legislation remains within the purview of experts and designated officials rather than being subjected to the general investigative procedures of the police force.
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