VidhiSangh

Supreme Court of India · 21/03/2022

GANGADHAR NARAYAN NAYAK @ GANGADHAR HIREGUTTI versus STATE OF KARNATAKA & ORS.

[2022] 2 S.C.R. 925 · 2022 INSC 318

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Summary

An editor challenged proceedings under Section 23 of POCSO for publishing a child victim’s identity, arguing that investigation required prior permission under Section 155(2) CrPC. Indira Banerjee, J. would dismiss the appeal, relying on POCSO’s special reporting and child-protection framework. J.K. Maheshwari, J. would allow it, treating the offence as non-cognizable and the permission requirement as applicable. The common order referred the matter to the Chief Justice for assignment to an appropriate Bench.

Issues

  1. Whether POCSO’s special reporting framework displaced the requirement of permission to investigate the Section 23 offence.
  2. What procedural consequence followed investigation without permission under Section 155(2) CrPC.

Provisions considered

Held

Result

Split opinions. The Registry was directed to place the matter forthwith before the Chief Justice of India for assignment to an appropriate Bench; the common order did not finally allow or dismiss the appeal.

Judgment PDF: Supreme Court of India, [2022] 2 S.C.R. 925.