The Supreme Court on November 18, 2021 quashed a Bombay High Court decision to acquit a man charged with assault under the Protection of Children from Sexual Offences Act (POCSO) solely on the grounds that he groped the child over her clothes without “skin-to-skin” contact.
What the Supreme Court bench said?
A Bench of Justices U.U. Lalit, S. Ravindra Bhat and Bela M. Trivedi said:
- The act of touching a sexual part of the body with sexual intent will not be trivialised and not excluded under Section 7 of the POCSO Act.
- The Bench noted that the most important ingredient in Section 7 was the sexual intent of the offender and not skin-to-skin contact.
What is Section 7 of the POCSO Act?
- Section 7 mandates that “whoever with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.”
About POCSO Act
- The Protection of Children from Sexual Offences (POCSO) Act, 2012 enacted by Govt of India provides safeguards for children against sexual abuse.
- The Act was amended in 2019 to introduce more stringent punishment including death penalty for committing sexual crimes on children, with a view to deter the perpetrators & prevent such crimes against children.
- Section 28 of the POCSO Act 2012 provides for establishment of Special Courts for the purpose of providing speedy trial.
- Further, Section 35 of the POCSO Act provides that the evidence of the child shall be recorded within a period of thirty days of the Special Court taking cognizance of the offence and reasons for delay, if any, shall be recorded by the Special Court.
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