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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
In The Matter Of: R. K. Tarun – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
1. The instant writ petition under Article 226 of the Constitution of India, 1950, styled as a Public Interest Litigation has been filed seeking application of Item III of Part II of Schedule I of the Code of Criminal Procedure, 1973, (hereinafter referred to as “CrPC”) to offences under Section 12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the “POCSO Act”).
2. The Petitioner, a practising Advocate, who is appearing in person, by way of the instant PIL, had sought to bring attention of this Court to the ambiguity revolving around the classification of Section 12 of the POCSO, which provides for the punishment for committing sexual harassment of a child, as a bailable or a non-bailable offence. However, today, i.e. 22.11.2022, during the course of the hearing, a Judgment dated 20.05.2022 rendered by the Supreme Court in Knit Pro International v. State of NCT of Delhi and Anr., 2022 SCC OnLine SC 668, was presented to this Court which has supposedly laid the issue raised by the Petitioner herein to rest.
3. For this Court to procee
Section 12 of POCSO stipulates that whoever commits sexual harassment upon a child shall be punished with imprisonment which may extend to three years.
(1) Provision of Section 23 of POCSO which protects child victims of sexual abuse from unwarranted intrusion into privacy, harassment and mental agony has to be strictly enforced – Provision cannot b....
The court ruled that under Section 42 of the POCSO Act, the appellant should only be punished under the provision providing the greater penalty, affirming the conviction but modifying the sentence.
Point of Law : Section 2(a) of Cr.P.C. defines bailable offence as "an offence which is shown as bailable in First Schedule, or which is made bailable by any other law for time being in force."
(1) Child Pornography – Sexual exploitation of children is a pervasive and deeply rooted issue that has plagued societies worldwide and has been a matter of serious concern in India – Increasing inci....
The main legal point established is the interpretation of the expression 'which may extend to three years' in the context of determining the cognizable nature of the offence under Section 91(6)(a) of....
Bail – A person cannot be detained in custody without sanction of law – In a case for commission of bailable offence, accused has fundamental right to be released on bail.
Where any offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the b....
Denial of bail for a bailable offence violates personal liberty protected under Article 21, affirming the fundamental right to bail.
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