R. K. TARUN Vs. UNION OF INDIA

JUDGEMENT

(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 Sec. 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 Sec. 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 Judgement dtd. 20/5/2022 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 proceed in this matter, it is imperative for the relevant provisions to be replicated in order for a holistic understanding of what is being sought by way of the instant PIL: