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The Supreme Court ruled that while police can file an FIR for alleged PCPNDT violations, the investigation must be conducted exclusively by the Act’s Appropriate Authority. Magistrates therefore cannot take cognizance of a police-prepared charge-sheet, curbing police powers in sex-selection cases.
Madhya Pradesh High Court ruled that sting operations exposing illegal female foeticide do not constitute blackmail under Bharatiya Nyaya Sanhita, granting anticipatory bail to a journalist. The judgment reinforces investigative journalism's protection when acting in public interest, setting a precedent for press freedom under criminal law.
The Patna High Court ruled that mere unlicensed operation of an ultrasound clinic, without any allegation or evidence of prenatal sex determination, cannot justify arrest under the PCPNDT Act. This clarifies that regulatory non-compliance alone, absent intent or actual misuse, does not trigger criminal liability under the Act - protecting clinic owners from arbitrary detention.
Gujarat High Court clarifies that police may register an FIR and invoke IPC charges under the PC&PNDT Act during investigation, even though cognizance requires an authorized complaint. The ruling distinguishes investigation from trial stages, reinforcing that procedural compliance does not bar parallel criminal charges.
Supreme Court holds that evidence seized during illegal search under PCPNDT Act remains admissible if relevant and genuine, upholding prosecution despite procedural flaws.