Punjab and Haryana High Court: POCSO Act being enacted subsequently will prevail over SC/ST Act in case of conflict

The Punjab and Haryana High Court in the case XXXX v. State of Haryana observed and has reiterated if there being a conflict between the provisions of POCSO Act and the Scheduled Castes and the Scheduled Tribes, Prevention of Atrocities Act, then provisions of the POCSO Act will be applicable as it was enacted subsequently.

The court stated that a regular bail petition filed in a case which is registered under the provisions of the two special legislations is maintainable before the high court.

The bench headed by Justice Manisha Batra noted that, 'With regards to the question of maintainability of the present petition, in view of the fact that apart from the offence punishable under Section 6 of POCSO Act, the petitioner has been charge sheeted under the provisions of SC/ST Act as well, the counsel appearing for the petitioner relied upon the case Somashekar v. State by Rural Police Station Authorities Sakaleshpura., wherein the Karnataka High Court was dealing with the petition filed for grant of regular bail had considered the same question and had observed that where the offences punishable under the provisions of two special enactments vis SC/ST Act and POCSO Act are invoked, a petition under Section 439 of the Code of Criminal Procedure, CrPc Which is pari materia with Section 483 of BNSS) before the High Court is maintainable.