PCPNDT Act | P&H High Court Upholds Conviction Of Clinic Owner, Says Record-Keeping Lapses Cannot Be Treated Lightly

The Punjab & Haryana High Court has upheld the conviction of a Barnala-based clinic owner under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, holding that failure to maintain mandatory records—particularly Form 'F'—constitutes a serious statutory violation and cannot be dismissed as a mere procedural lapse.

Justice Ramesh Chander Dimri dismissed a plea filed by 80 years old Dr. Pushap Lata Mittal, affirming the concurrent findings of the trial court and appellate court which had held her guilty under Section 29 of the 1994 Act, punishable under Section 23.

The Court emphasized that the PCPNDT Act is a social welfare legislation aimed at curbing female foeticide and preserving the right to life of the girl child. It noted that proper maintenance of records is central to achieving the object of the Act, and any deficiency in such records attracts penal consequences.

Rejecting the petitioner's argument that the inspection and search were procedurally defective, the Court held that even if there were irregularities in the search process, the material collected cannot be discarded if it is otherwise relevant and admissible. It observed that the seized documents—including multiple Form 'F' records lacking signatures of the concerned doctor—clearly established violation of statutory requirements.

The Bench further noted that the petitioner had not disputed that the records were recovered from her clinic, and the evidence on record sufficiently proved non-compliance with the Act and the 1996 Rules governing maintenance of records.

Referring to Supreme Court cases, the Court reiterated that revisional jurisdiction is limited and does not permit reappreciation of evidence unless there is manifest illegality or miscarriage of justice. Finding no such infirmity in the concurrent findings of the lower courts, the Court declined to interfere.

The plea for leniency on account of the petitioner's advanced age (over 80 years) was also rejected, with the Court observing that the nature of violations under the PCPNDT Act does not warrant a reduction in sentence.

Accordingly, the revision petition was dismissed, and the conviction along with sentence of rigorous imprisonment for one year (as reduced by the appellate court) and fine was upheld.

Mr. Aman Bansal, Advocate, for the petitioner.

Mr. Kuljeet Singh, Addl.A.G., Punjab.

Title: Pushap Lata v. State of Punjab & another

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