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17Procedural Safeguard

State of Uttar Pradesh & Anr. v. Brij Pal Singh & Anr.

Supreme Court of India20262026 INSC 901

Court

SC

Year

2026

Category

Procedural Safeguard

Compensation

The matter was remanded to the High Court to decide in accordance with the judgment.

Background

Secret information about illegal sex determination led the District Magistrate (Appropriate Authority) to depute a Tehsildar for a decoy operation. A police FIR was registered and a chargesheet was filed under the IPC and PC&PNDT Act, which the accused sought to quash on the ground that the police lacked jurisdiction to investigate under the special Act.

The Legal Question

Whether the police have the power to register an FIR and investigate offences under the PC&PNDT Act, and whether a Magistrate can take cognizance based on a police chargesheet for such offences.

The Court's Decision

The Court held that the police cannot be the main investigating authority for PC&PNDT offences, and a Magistrate cannot take cognizance of these offences based on a police chargesheet. The Appropriate Authority is the sole competent body to investigate and file complaints.

Principle Established

Special laws with specific investigative and cognizance frameworks override general procedural laws, meaning police cannot independently investigate or file chargesheets for offences exclusively assigned to a specialized Appropriate Authority.

Relevant Legal Provisions

Pre-conception and Prenatal Diagnostic Techniques Act, 1994Code of Criminal Procedure, 1973
Practical Impact

What This Means for Your Practice

    Police cannot independently investigate or register FIRs for PC&PNDT Act offences.

    Courts can only take cognizance of such offences based on a formal complaint filed by the Appropriate Authority.

    Police can only provide supplemental assistance when specifically requested by the Appropriate Authority.

Disclaimer: The case summary, legal analysis, and practical notes on this page are for educational purposes only and do not constitute legal advice. The original PDF is sourced from public Indian court records. MedicoLegalAid does not claim ownership of the original judgement.

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