Supreme Court limits police role in PCPNDT Act cases; Section 28 complaint route clarified
In August 2026, the Supreme Court said police cannot directly investigate or file FIRs under the PCPNDT Act and that complaints must come through a qualified authority under Section 28.
Key highlights
Direct fact
In August 2026, the Supreme Court bench of Justices Sanjay Karol and N.K. Singh held that under Section 28 of the PCPNDT Act, police cannot directly investigate or file an FIR in sex-determination cases, and only a complaint by a qualified authority or authorised person can move the court.
Key specifics
- Section 28 of the PCPNDT Act requires a complaint by a qualified authority or authorised person.
- The case arose from a 2017 complaint in Uttar Pradesh against a doctor accused of prenatal sex determination.
- The Allahabad High Court had quashed the case before the Uttar Pradesh government appealed to the Supreme Court.
- India’s sex ratio is stated as 940 women per 1,000 men, while Uttar Pradesh is at 912 per 1,000 men.
- The Court said the Act is medical-technical in nature, so police can only assist the designated enforcement officers.
Exam lens
Polity and law question type: match-the-following on PCPNDT Act, Section 28, complaint procedure, and Supreme Court ruling; TNPSC may ask who can initiate prosecution and why police powers are limited in this Act.