Story so far: The Supreme Court on August 20, 2026, has ruled that the police cannot independently investigate offences relating to illegal prenatal sex determination under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. The responsibility lies primarily with the Appropriate Authority, a specialised body constituted under the law.
In a judgment authored by a Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh, it settles a long-standing disagreement among High Courts over whether the police could register FIRs and investigate such offences because they are classified as “cognisable” and “non-bailable”.
So, can the police register an FIR?
A cognisable offence ordinarily allows the police to investigate without first obtaining permission from a court. This is further made clear by the fact that an FIR once registered cannot be taken to its logical conclusion as per the procedures of this Act. The restriction applies only to offences under this Act and does not restrict the police’s power to investigate or prosecute independent offences disclosed under substantive criminal law (IPC/BNS)”. The Court held that allowing the police to independently investigate would undermine this specialised system. The police can, however, assist the Appropriate Authority when their help is necessary. The Court held that this rule has statutory force.
The complication came from Section 27 of the law, which says that every offence under it is “cognisable, non-bailable and non-compoundable. The Court said, “The language of the statute, more particularly Sections 27 and 28 of the Act when read together, in light of the other provisions and the socially beneficial nature of the Act as also the requirement of sensitivity along with medical and technical know-how, indicates that the police are not meant to be the investigators for the purpose of this Act.
Rule 18A(3)(iv) says that police involvement should be avoided “as far as possible”.
What was the case about?
The High Court noticed that courts had taken different views on the role of the police in such cases and referred the issue to the Supreme Court. Can they investigate it? And can a Magistrate take cognisance of the offence on the basis of a police chargesheet?
The Supreme Court therefore held that the law has deliberately placed the investigation of such offences with this specialised authority.
There were essentially three questions before the Supreme Court: Can the police register an FIR for an offence under the Act?
