Errors and Blanks in Form F Under PCPNDT Act Are Not Mere Technical Defects: Supreme Court
Case Name: Dr. Ramesh v. State of Maharashtra & Anr.
Citation: 2026 INSC 635
Date of Judgment/Order: 11 June 2026
Bench: Sanjay Karol, J. and Prashant Kumar Mishra, J.
Held: The Supreme Court held that maintenance of complete and accurate records in Form F under the PCPNDT Act and Rules is mandatory, and deficiencies, blanks or inaccuracies in such records cannot be treated as mere technical or clerical lapses at the stage of cognizance. The Court reaffirmed that record maintenance is central to the statutory scheme because records are often the only means of ensuring that an ultrasound clinic is not engaged in illegal sex determination. The Court further held that whether the violations were intentional, inadvertent or otherwise is a matter for trial, and the Magistrate was justified in taking cognizance where prima facie violations of Sections 4(3), 5, 6 and 29 of the PCPNDT Act and the relevant Rules were alleged.
Summary: The appellant, a medical practitioner running a sonography centre, challenged the order of the Judicial Magistrate First Class, Ardhapur taking cognizance and issuing process under Section 204 CrPC for offences punishable under Section 23 of the PCPNDT Act. The proceedings arose after the concerned authority conducted search and seizure, issued notice under Section 20(1), placed the matter before the Advisory Committee, and found prima facie material regarding violations of the PCPNDT Act. The appellant contended that the Civil Surgeon was not the competent Appropriate Authority and that the errors or blanks in Form F were merely technical, inadvertent and attributable to hospital staff. The High Court rejected these grounds, relying on the notification dated 15.05.2015 appointing the District Civil Surgeon as the Appropriate Authority and holding that inaccuracies in Form F were not trivial. The Supreme Court, referring to Voluntary Health Association of Punjab, Federation of Obstetrics & Gynaecological Societies of India, and the statutory framework of the PCPNDT Act, reiterated that dilution of record-keeping obligations would defeat the legislative purpose of preventing female foeticide and protecting the right to life of the girl child.
Decision: The Supreme Court dismissed the appeal as being bereft of merit and upheld the order taking cognizance and issuing process against the appellant. The Court held that the challenge to competence of the authority was untenable in view of the notification appointing the District Civil Surgeon as the Appropriate Authority, and that the allegations regarding defective Form F records and other statutory violations required trial. The Court clarified that the seizure of the sonography machine and restoration of registration were no longer in issue, and all pending applications were disposed of.