POCSO ACT: Touching Hand without sexual intent is not assault, says Bombay High Court
Mumbai, 28/12: Any kind of unintentional physical touch or touch without sexual intent is not assault under the Protection of Children from Sexual Offences(POCSO) Act. Bombay High court judge Justice Bharati Dangre ruled this while granting anticipatory bail to a man who was accused of assaulting a minor.
According to a case registered in Baramati city in Pune, the minor girl accused a 27-year-old man of holding her hand and ‘expressing his love’ towards her. The accused also threatened the girl not to tell anybody about the incident otherwise he will defame her. The minor also alleged that the ma would stand outside her house and send messages. The accused even threatened the father of the girl.
The Baramati city police lodged a complaint and invoked Sections 341 (wrongful restraint), 354 (assault or criminal force on woman with intent to outrage her modesty), 354B (criminal force to woman with intent to disrobe), 452 (house-trespass after preparation for hurt, assault or wrongful restraint), 504 (intentional insult with intent to provoke breach of peace), 506 (criminal intimidation), 509 (word, gesture or act intended to insult the modesty of a woman) read with Section 34 (common intention with a few people) of the Indian Penal Code.
The IPC and the POCSO Act were invoked against the accused.
