Groping Without Skin-To-Skin Contact Is Not Sexual Assault Under POCSO, Says Bombay HC

The Bombay High Court, while acquitting a 39-year-old man who had been sentenced to three years’ imprisonment under Section 8 of the POCSO (Protection of Children from Sexual Offences) Act, ruled that when there is ‘no direct physical contact – skin to skin with sexual intent, without penetration,’ it would not amount to sexual assault. The acquitted man was accused of pressing the breasts of a minor and was imprisoned by a trial court.

Justice Pushpa Ganediwala of Nagpur bench of the HC said, “stricter proof and serious allegations are required,” given the stringent punishment of three to five years’ imprisonment that ‘sexual assault’ under the POCSO entails.

However, it attracted punishment for molestation under Section 354 of the Indian Penal Code from the High Court, which sentenced him to one year in jail.

While section 354 entails a minimum sentence of imprisonment for one year, sexual assault under the POCSO Act entails minimum imprisonment of three years.

This strange interpretation of the law by the Indian judiciary should be put under the scanner and reflected on since it reflects a casual definition of what sexual assault is as well as what the assaulter can get away with.

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