New Delhi: Delhi High Court has given a major verdict in the case under Protection of Children from Sexual Offences (POCSO) Act. The court asserts that touching or pressing a girl’s lips without any sexual desire does not violate the act. Under POCSO, the bench of Justice Swarana Kanta Sharma decided that caressing, kissing the lips, or sharing a bed with a minor girl does not constitute a sexual crime. Legal action for “aggravated sexual assault” cannot thus be pursued in these cases.
The POCSO Act is what?
The POCSO Act, a legislative framework, greatly contributes to protecting children’s rights and shielding them from sexual exploitation and abuse. The act strictly penalises sexual offences against minors. Still, there should be clear evidence of sexual intent or exploitation to back charges under the act.
Case History
The case included an uncle of a minor girl who had been accused under Section 10 of the POCSO Act and Section 354 of the Indian Penal Code (IPC)and therefore submitting a petition. The girl had stated that she felt uncomfortable trying to sleep next to her uncle because he had touched her lips.
The court looked at the case again and decided that even though a case under IPC Section 354 (offending a woman’s modesty) was allowed, Section 10 of the POCSO Act could not be used without sexual intent. As such, the accused was cleared on POCSO Act allegations.
Important court notes
The High Court stated, basing its case on past Supreme Court decisions, the victim had claimed no sexual harassment. She did not claim in any of her testimonials that she experienced sexual assault or that anyone attempted to exploit her sexually. The court underlined once more that under the POCSO Act, an offence requires sexual intent.
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