FIR cannot be registered for PCPNDT Act offences, rules Supreme Court
New Delhi, Aug. 20 -- The Supreme Court has held that an FIR cannot be registered for offences under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, merely because such offences have been classified as cognizable and non-bailable.
A Bench comprising Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh ruled that the special enforcement mechanism created under the PC & PNDT Act must prevail and cannot be displaced by the ordinary police investigation procedure.
The Court also held that investigation into offences under the Act lies with the Appropriate Authority and that a Magistrate cannot take cognisance based on a police charge-sheet. Cognisance can be taken only on a complaint ...
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