Lawstreet Journal

Supreme Court Delivers Split Verdict On Need For Court Permission To Investigate Sec 23 POCSO Offence For Disclosure of Victim’s Identity

Lawstreet Journal 23 Mar 2022 4:01am

Image courtesy: Lawstreet Journal Judiciary Supreme Court Delivers Split Verdict On Need For Court Permission To Investigate Sec 23 POCSO Offence For Disclosure of Victim’s Identity

The appeal was filed against a judgment dated 17th September 2021 passed by the Dharwad Bench of the High Court of Karnataka, dismissing Criminal Petition No.101420/2020 filed by the appellant under Section 482 of the Code of Criminal Procedure.

Brief of Case: 

The appellant is the Editor of Karavali Munjavu Newspaper.  A news report was published in the Newspaper, Karavali Munjavu, regarding the sexual harassment of a 16-year-old girl. The victim was named in the said report.  He was convicted u/s 23 POSCO Act, 2012. The appellant sought for discharge before the magistrate on the ground that police registered the FIR without following section 115(2) CrPC, that is, the police officer cannot investigate a non-cognizable offence without the order of a Magistrate. He then appealed before High Court against magistrate’s dismissal order. On dismissal from High Court, appellant filed SLP before Supreme court.

QUESTION OF LAW BEFORE COURT 

Question of law involved in this appeal is, whether 

1)Section 155(2) of the Cr.P.C. applies to the investigation of an offence under Section 23 of POCSO? 

2)Is the Special Court debarred from taking cognizance of an offence under Section 23 of POCSO and obliged to discharge the accused under Section 227 of the Cr.P.C., only because of want of permission of the jurisdictional Magistrate to the police, to investigate into the offence? 

Section 23 Of POCSO Provides as Follows: - 

“23. Procedure for media. —

  1. No person shall make any report or present comments on any child from any form of… Continue Reading...

    Tagged: POCSO   POCSO Act   Protection of Children from Sexual Offences (POCSO) Act  
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