POCSO Act: Supreme Court quashes 'skin-to-skin' judgement of Bombay HC
The Supreme Court clarified in its order that the POCSO Act is applicable even without a 'skin to skin' contact in the case of sexual harassment.
New Delhi: The Supreme Court on Thursday (November 18, 2021) gave a big decision regarding the 'Skin to Skin' contact and the POCSO Act. The Supreme Court clarified in its order that the POCSO Act is applicable even without a 'skin to skin' contact in the case of sexual assault.
In fact, in one case, the Nagpur bench of the Bombay High Court had acquitted an accused of sexual harassment. The court, in the order of acquittal of the accused, had said that 'groping the private parts of a minor without skin-to-skin contact does not come under the POCSO Act'.
Attorney General K.K. Venugopal raised in the Supreme Court. The court has now given this decision, reversing that decision of the Bombay High Court.
'Skin to skin' not necessary for sexual assault: SC
The Supreme Court in its judgment on the issue raised questions on the motives of the accused. The court made it clear that the intention of the accused was to touch the private parts of the body, due to which it is a case of POCSO Act.
It cannot be said that touching a child with a cloth is not sexual abuse. The Supreme Court further said, such a definition would defeat the very purpose of the POCSO Act to protect children from exploitation.
'We have held that when the legislature has expressed clear intention, the courts cannot create ambiguity in the provision. It is right that courts cannot be overzealous in creating ambiguity,' the bench said.
Court defines POCSO Act, Supreme Court reverses Bombay High Court's decision on POCSO, saying- 'Skin to skin contact is not necessary'. The court announced a three-year jail term for the accused under the POCSO Act.
The court also defined the POCSO Act in its decision. The court said that touching with clothes under sexual intent also comes under the POCSO Act. In which the word 'touch' has been used for the private part, whereas physical contact does not mean that there is skin to skin contact for it.
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