Delhi HC: No Sexual Intent, No POCSO Charge
The Delhi High Court has ruled that touching a minor girl’s lips or sleeping beside her, without sexual intent, does not amount to “aggravated sexual assault” under the POCSO Act.
Court’s Observation
Justice Swarana Kanta Sharma stated that while such actions might violate the girl’s dignity and modesty, they do not meet the legal criteria for prosecution under Section 10 of the POCSO Act. However, the court upheld charges under IPC Section 354 for “assault or criminal force to a woman with intent to outrage her modesty.”
Case Background
The ruling came in response to a plea by a man challenging charges under IPC Section 354 and Section 10 of the POCSO Act. The court maintained the charge under IPC 354 but dismissed the POCSO charge, citing the absence of sexual intent in the victim’s statements.
SC Rulings and Modesty Interpretation
The court referred to Supreme Court rulings, emphasizing that modesty must be interpreted concerning a woman’s dignity and bodily autonomy. It stated that inappropriate physical contact by a trusted family member can violate a child’s dignity but does not necessarily indicate sexual intent.
Criticism of Trial Court Practices
The High Court also criticized trial courts for issuing vague, unexplained orders on framing charges. It stressed that courts must provide clear reasoning when deciding on charges, especially when incarceration is at stake.
for more updates follow ANN MEDIA on facebook , X , Instagram and Linkedin
