Maintenance Of Form 'F' Under PCPNDT Act Mandatory; Errors Or Blanks Are Substantive Offenses, Not Mere Technicalities: Supreme Court

"Non-maintenance of record is springboard for commission of offence of foeticide, not just a clerical error," Supreme Court, in a significant ruling, held that the maintenance of complete records in Form ‘F’ under the PCPNDT Act is a mandatory requirement and any deficiency therein constitutes a substantive offense.

A bench of Justice Sanjay Karol and Justice Prashant Kumar Mishra observed that diluting these provisions would defeat the very purpose of the Act, which is to prevent female foeticide and protect the right to life of the girl child under Article 21 of the Constitution of India.

The appellant, Dr. Ramesh, challenged a Bombay High Court order which had upheld the Judicial Magistrate’s decision to take cognizance of offenses under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act). Following a search at the appellant’s sonography center, authorities alleged violations of Sections 4(3), 5, 6, and 29 of the Act, specifically regarding blanks and errors in the mandatory Form ‘F’ records.

The primary question before the court was whether the Magistrate was correct in taking cognizance of the alleged offenses based on deficiencies in Form ‘F’. The court was also called upon to determine if the District Civil Surgeon was the "Appropriate Authority" empowered to initiate proceedings and whether errors in record-keeping could be dismissed as mere technical or inadvertent mistakes.

District Civil Surgeon Is Valid Appropriate Authority

The Court first addressed the challenge regarding the competence of the District Civil Surgeon to act as the Appropriate Authority under the Act. It noted that a notification dated May 15, 2015, had specifically designated the District Civil Surgeon for this role.

The bench observed that the instant proceedings were in full accordance with the law, as the notification provided the necessary legal basis for the Authority's actions. Consequently, the argument that the Magistrate took cognizance without a valid basis was rejected.

Maintenance Of Form 'F' Is Mandatory Requirement

The Court emphasized that Form ‘F’, which tracks the details of pregnant women undergoing diagnostic procedures, is "front and centre" to the regulatory framework of the PCPNDT Act. It noted that Section 4(3) of the Act explicitly requires the person conducting ultrasonography to keep a complete record in the prescribed manner.

The bench highlighted that any deficiency or inaccuracy found in these records amounts to a contravention of Sections 5 or 6 of the Act. The Court stressed that the burden of proof lies on the person conducting the procedure to prove that the inaccuracies were not intended for sex selection.

Errors In Records Are Substantive Offenses

Rejecting the appellant’s contention that blanks in Form ‘F’ were merely technical or clerical errors, the Court held that compromises in maintaining records are offensive to the scope of the Act. It noted that such violations are not trivial matters but substantive offenses under the proviso to Section 4(3).

The bench observed that the extent and manner of these violations are questions of trial and must be determined through a full proceeding rather than being quashed at the stage of cognizance. The integrity of the record-keeping process is essential to ensure that clinics are not engaged in illegal sex determination.

"Non-maintenance of record is springboard for commission of offence of foeticide, not just a clerical error."

Judicial Precedents On Sex Selection And Record Keeping

The Court relied heavily on the precedent set in Federation of Obstetrics & Gynaecological Societies of India v. Union of India (2019). It reiterated that the detailed forms provided by the Rules are necessary for the effective implementation of the Act.

The bench noted that the suspension of registration serves as a vital deterrent against the grave consequences of female foeticide. It further observed that dilution of these rules would relegate the right to life of the girl child to a mere formality.

Societal Impact And The Goal Of Gender Parity

In an evocative observation, the Court referred to the poem 'Balika ka parichay' by Subhadra Kumari Chauhan to describe the joy a daughter brings to a mother. It stated that the objective of the PCPNDT Act is to enable women to experience this joy without the threat of systemic bias.

The Court analyzed various government data, including the National Family Health Survey-5, noting that while the sex ratio has improved, it remains below biologically expected levels. The bench pointed out that patriarchal preferences still result in "behind the curtains" sex selection practices.

Role Of Welfare Schemes In Eradicating Bias

The judgment took note of several Central and State government schemes like 'Beti Bachao Beti Padhao', 'Janani Suraksha Yojana', and 'Sukanya Samriddhi Account'. It observed that these initiatives are indicative of continued efforts to eradicate systemic bias against the girl child.

However, the Court cautioned against complacency, stating that the progress made is incomplete and uneven across different states. It emphasized that strict enforcement of welfare-oriented legislation like the PCPNDT Act remains essential until a true change in societal mentality is achieved.

"The integrity and strict enforcement of welfare-oriented legislation such as the PCPNDT Act remain essential along with efforts continued and earnest."

The Supreme Court concluded that the appeal was bereft of merit as the Magistrate had correctly taken cognizance of the offenses. The Court found no error in the High Court's refusal to quash the proceedings.

The bench dismissed the appeal, ensuring that the trial against the appellant would proceed to determine the extent of the violations. All pending applications related to the matter were also disposed of.

Date of Decision: June 11, 2026