Breaking: Youth Bar Association of India Moves Supreme Court Challenging Bombay High Court's 'Skin To Skin' POCSO Judgment
3 years, 10 months ago

Breaking: Youth Bar Association of India Moves Supreme Court Challenging Bombay High Court's 'Skin To Skin' POCSO Judgment

Live Law  

The Youth Bar Association of India and three women have moved the Supreme Court challenging the recent "skin to skin" judgment of the Bombay High Court as per which, groping a child's breasts without 'skin-to-skin contact' would not amount to 'sexual assault under POCSO Act. In the impugned judgment, the Nagpur Bench of the Bombay High Court held that such an act would amount to 'molestation' under Section 354 of IPC and not Sexual assault under section 8 of the POCSO Act. The Single bench of Justice Pushpa Ganediwala made this observation while modifying the order of the Sessions Court which held a 39-year-old man guilty of sexual assault for groping a 12- year- old- girl and removing her salwar. Few days earlier, the National Commission for Women had announced that it will challenge the impugned judgment, stating that the same will not only have cascading effect on various provisions involving safety and security of women in general but also put all the women under ridicule and has trivialized the legal provisions provided by the legislature for the safety and security of women.

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History of this topic

Bombay High Court asks Maharashtra child welfare panel to decide custody of teen sex trafficking survivor
3 weeks, 6 days ago

Bombay High Court asks Maharashtra child welfare panel to decide custody of teen sex trafficking survivor

India Today  

The Bombay High Court has directed the Maharashtra Child Welfare Committee to decide the custody of a 15-year-old girl who was rescued from a prostitution ring. The Rescue Foundation argued that the father was complicit in forcing the girl into prostitution and alleged that the sessions court’s order was illegal, as it overstepped the jurisdiction of the Child Welfare Committee. …

Supreme Court slams child rights body NCPCR: 'Don't drag us in your agenda'
3 months ago

Supreme Court slams child rights body NCPCR: 'Don't drag us in your agenda'

Hindustan Times  

The Supreme Court on Tuesday pulled up the National Commission for Protection of Child Rights over its petition seeking a Special Investigation Team probe into cases of children allegedly sold by shelter homes in Jharkhand of the Missionaries of Charity founded by Mother Teresa. The apex court said that the child rights body was empowered to conduct enquiry and take …

Supreme Court sets aside Calcutta HC's order asking young girls to ‘control sexual urges’
4 months ago

Supreme Court sets aside Calcutta HC's order asking young girls to ‘control sexual urges’

Hindustan Times  

The Supreme Court on Tuesday set aside the controversial judgment by the Calcutta high court delivered on October 18, 2023, asking adolescent girls to “control their sexual urges”. A Supreme Court bench consisting of Justices Abhay S Oka and Ujjal Bhuyan set aside the high court's judgment asking girls to control their sexual urges and acquitting 25 year old man …

Supreme Court Monthly Round-Up: April 2024
7 months ago

Supreme Court Monthly Round-Up: April 2024

Live Law  

Here's a comprehensive overview of the Supreme Court of India proceedings during April 2024. Supreme Court Stays MP Administration's Decision To Deny Permission For Christian Prayer Meet Case Title: SURESH CARLETONS vs. STATE OF MADHYA PRADESH., Diary No.- 16136 - 2024 Coram: Justices B.R. Karnataka's Plea For Drought Relief: Supreme Court Asks Union To Submit Inter-Ministerial Central Team's Report Case …

Child Abuse Scars Victims & Leads To Long Term Consequences; Early Recognition, Prevention Crucial In Safeguarding Children: Calcutta High Court
8 months, 1 week ago

Child Abuse Scars Victims & Leads To Long Term Consequences; Early Recognition, Prevention Crucial In Safeguarding Children: Calcutta High Court

Live Law  

The Calcutta High Court has upheld the conviction of a man under Sections 376 and 511 IPC, for the offence of attempt to rape and Section 354 of the IPC for outraging the modesty of the 10-year-old victim girl. It was the case of the prosecution that the accused groped the minor victim's breasts from behind and hugged her while …

Judicial officers should not identify rape victims during trial: Orissa High Court
8 months, 2 weeks ago

Judicial officers should not identify rape victims during trial: Orissa High Court

New Indian Express  

CUTTACK: Expressing serious displeasure over disclosure of identity of a minor rape victim in the deposition sheet at a trial court, a single judge bench of the Orissa High Court has directed the Registry, with the permission of Chief Justice, to circulate his judgment specifying the norms among the subordinate judiciary while dealing with such cases. The single judge bench …

POCSO Act Is Gender Neutral, Misleading To Argue ‘It Is Gender-Based Legislation And Is Being Misused’: Delhi High Court
1 year, 4 months ago

POCSO Act Is Gender Neutral, Misleading To Argue ‘It Is Gender-Based Legislation And Is Being Misused’: Delhi High Court

Live Law  

The Delhi High Court has observed that the Protection of Children from Sexual Offences Act, 2012, is a gender-neutral legislation and that it is insensitive to argue that the law is being misused.While dealing with a POCSO case where the accused submitted that the enactment is a gender-based law and therefore is being misused, Justice Swarana Kanta Sharma said:“To say …

Bombay High Court upholds 10-yr sentence of man who sexually assaulted girl-child
1 year, 8 months ago

Bombay High Court upholds 10-yr sentence of man who sexually assaulted girl-child

India Today  

Holding that "a little girl of 3-½ years, who is not even introduced to her own organs, cannot be expected to give an exact description of her private parts," the Bombay High Court has upheld a 10-year sentence against a Mumbai man. READ | Bombay High Court allows anticipatory bail to police constable accused of rape On the afternoon of …

As Dumka & K'taka Mutt Cases Trigger Outrage, A Look at POCSO and Rising Crimes Against Minors
2 years, 3 months ago

As Dumka & K'taka Mutt Cases Trigger Outrage, A Look at POCSO and Rising Crimes Against Minors

News 18  

The latest cases under Protection of Children from Sexual Offences Act, involving the death of a minor girl in Jharkhand’s Dumka after being set on fire and the Karnataka seer accused of sexually assaulting minor girls, have sparked massive uproar. Allahabad HC’s observation received backlash on social media with users pointing out the Supreme Court’s earlier order which stated that …

Touching Child's Private Parts With Sexual Intent Sufficient To Attract POCSO Act, Absence Of Injury Not Relevant: Bombay High Court
2 years, 3 months ago

Touching Child's Private Parts With Sexual Intent Sufficient To Attract POCSO Act, Absence Of Injury Not Relevant: Bombay High Court

Live Law  

Merely touching the private parts of a child with sexual intent is enough for it to be construed as sexual assault under section 7 of the POCSO Act and a medical certificate demonstrating an injury is not mandatory, the Bombay High Court has held. "The absence of injury mentioned in the medical certificate will not make any difference to her …

Bombay High Court Quashes Sexual Assault FIR Under POCSO Act As Victim (Now A Major) & Accused To Marry
2 years, 6 months ago

Bombay High Court Quashes Sexual Assault FIR Under POCSO Act As Victim (Now A Major) & Accused To Marry

Live Law  

The Bombay High court recently quashed an FIR under Protection of Children from Sexual Offences Act for penetrative sexual assault, as the victim girl says that she and the accused were allegedly in love and are now to be married. Justices Prasanna B. Varale and SM Modak stated, "we are inclined to accept the request for quashing the FIR, only …

Error corrected: The Hindu Editorial on interpreting POCSO Act
3 years, 1 month ago

Error corrected: The Hindu Editorial on interpreting POCSO Act

The Hindu  

The Supreme Court has done well to correct an egregious error of interpretation committed by a judge in the Nagpur Bench of the Bombay High Court in holding that sexual assault on a child victim would require “skin-to-skin” contact. It has set aside two judgments that acquitted two offenders against children from the graver charge of sexual assault, even while …

Sexual intent of the offender, not skin-to-skin contact, forms assault: Supreme Court
3 years, 1 month ago

Sexual intent of the offender, not skin-to-skin contact, forms assault: Supreme Court

The Hindu  

November 18, 2021 12:44 pm | Updated 09:46 pm IST - NEW DELHI The Supreme Court on Thursday quashed a Bombay High Court decision to acquit a man charged with assault under the Protection of Children from Sexual Offences Act solely on the grounds that he groped the child over her clothes without ‘skin-to-skin’ contact. Comment | POCSO doesn’t brook …

'Skin-to-skin' contact not necessary for sexual assault under POCSO Act: SC
3 years, 1 month ago

'Skin-to-skin' contact not necessary for sexual assault under POCSO Act: SC

India Today  

The Supreme Court set aside a judgment of the Bombay High Court that held that "skin-to-skin" contact was necessary for the offence of sexual assault under the POCSO Act. A bench of Justices UU Lalit, S Ravindra Bhat and Bela Trivedi said restricting the meaning of "touch" to "skin-to-skin" contact would lead to "narrow and absurd interpretation" and destroy the …

'Skin To Skin' Contact Not Necessary For POCSO Offence : AG, NCW Argue Before Supreme Court
3 years, 2 months ago

'Skin To Skin' Contact Not Necessary For POCSO Offence : AG, NCW Argue Before Supreme Court

Live Law  

The Supreme Court on Wednesday started hearing the plea by Attorney General for India against the acquittal of an accused in terms of Bombay High Court judgment which held that skin to skin contact is necessary to constitute sexual assault under S.8 of the POCSO Act. The Bombay High Court in its impugned order held that groping a child's breasts …

Shameful That Every Other Case Is That Of A Minor Being Raped: Kerala High Court Expresses Shock Over Rising POCSO Cases
3 years, 3 months ago

Shameful That Every Other Case Is That Of A Minor Being Raped: Kerala High Court Expresses Shock Over Rising POCSO Cases

Live Law  

Appalled by the rising instances of minors being subjected to rape in the State, the Kerala High Court while hearing a criminal appeal remarked: "It is a shame that every other case we consider is sadly a rape of a minor." A while upholding the conviction of a man accused of raping a minor girl living in his neighbourhood, found …

Supreme Court Proceedings For Protection Of Children Orphaned During Covid-19 Not Bar On High Court: Petitioner Tells Delhi High Court
3 years, 4 months ago

Supreme Court Proceedings For Protection Of Children Orphaned During Covid-19 Not Bar On High Court: Petitioner Tells Delhi High Court

Live Law  

The Delhi High Court today continued hearing a PIL seeking direction to Centre and Delhi Government to safeguard the interest of the children who have lost their parents to Covid-19 and who do not have anyone else to take care of them and face the risk of being trafficked.The Petitioner, Advocate Jeetender Gupta appearing in person, told the High Court …

Controversial 'Skin-to-Skin' Judgment In POCSO Case : Supreme Court Posts Attorney General's Appeal For Final Hearing On August 24
3 years, 4 months ago

Controversial 'Skin-to-Skin' Judgment In POCSO Case : Supreme Court Posts Attorney General's Appeal For Final Hearing On August 24

Live Law  

The Supreme Court on Friday posted the appeal filed by the Attorney General for India against the controversial judgment passed by the Bombay High Court in a POCSO case for final hearing on August 24.A bench comprising Justices UU Lalit and Ajay Rastogi also appointed Senior Advocate Siddhartha Dave as an amicus curiae in the matter.As per the impugned judgment, …

SC Directs Masking Of Identity of Petitioner-Girl Seeking Protection Against Parents In Entire Record, All Reports/Copies Of Proceedings
3 years, 6 months ago

SC Directs Masking Of Identity of Petitioner-Girl Seeking Protection Against Parents In Entire Record, All Reports/Copies Of Proceedings

Live Law  

The vacation bench of Justices Dinesh Maheshwari and Aniruddha Bose was considering an SLP against a March 9 order of the Delhi High Court lodging the petitioner-girl, who is alleged to be a minor by her parents, at the Kasturba Gandhi National Memorial Trust, Bhaktawapur, Delhi and requiring that the Chairperson, Child Welfare Committee, Alipur, Delhi ensure that adequate safety, …

Breaking: Bombay High Court Directs Trial Court To Redact References On Victim's Identity In Tarun Tejpal Judgment
3 years, 6 months ago

Breaking: Bombay High Court Directs Trial Court To Redact References On Victim's Identity In Tarun Tejpal Judgment

Live Law  

A Vacation Bench of the Bombay High Court at Goa has directed the District and Sessions Court trying the Tarun Tejpal sexual assault case to redact the victim's identity while uploading the acquittal order on its website. In her 527-page judgement, Special Judge Kshama Joshi extensively commented on the woman's non-rape victim like behaviour and faulty investigation to grant Tejpal …

POCSO- "Right Of Minor Victims To Participate In The Judicial Process"- Bombay High Court Issues Guidelines
3 years, 8 months ago

POCSO- "Right Of Minor Victims To Participate In The Judicial Process"- Bombay High Court Issues Guidelines

Live Law  

The Bombay High Court on Thursday issued guidelines for the effective implementation of the Protection of Children from Sexual Offences Act and To ensure the right of a child victim to participate in the in the Judicial process is protected. A Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni, among other instructions, directed the Special Juvenile Police Unit …

Supreme Court to study whether minors can be punished under POCSO for consensual sex
3 years, 8 months ago

Supreme Court to study whether minors can be punished under POCSO for consensual sex

The Hindu  

The Supreme Court has decided to examine whether Protection of Children from Sexual Offences Act can be employed to punish teenagers for “consensual” physical relationships which later turn “sour.” A Bench led by Justice Indira Banerjee admitted the case of a man accused of rape while he was 18 years old by a girl who was 17. The man, represented …

How Special Are The Special Courts Under POCSO Act: Need To Exercise Suo-Moto Jurisdiction In Granting Interim Compensation?
3 years, 8 months ago

How Special Are The Special Courts Under POCSO Act: Need To Exercise Suo-Moto Jurisdiction In Granting Interim Compensation?

Live Law  

Hovering over a pertinent question as to when shall we be able to joyfully celebrate the Children's Day in our country, when the tribulations of sensitive souls are haunting our minds with unfortunate innumerable instances of abuse and assault being committed incessantly against the children with no abatement in sight. One may not have any real choice but to move …

Supreme Court Monthly Digest: January 2021
3 years, 10 months ago

Supreme Court Monthly Digest: January 2021

Live Law  

Supreme Court Upholds Centre's Plan For The Central Vista Project by 2:1 Majority, Justice Khanna Dissents Order dated January 5, 2021 The Supreme Court upheld the Central Government's plan for construction of the Central Vista project and the government's proposal to construct a new Parliament in Lutyen's Delhi. 'Consensual Affair' Is Not A Defence Against A Charge Of Kidnapping A …

Skin to skin contact: SC agrees to hear NCW’s plea against Bombay HC verdict
3 years, 10 months ago

Skin to skin contact: SC agrees to hear NCW’s plea against Bombay HC verdict

The Hindu  

The Supreme Court Wednesday agreed to hear a plea filed by the National Commission for Women challenging the Bombay High Court verdict which said that groping a minor without "skin to skin contact" cannot be termed as sexual assault as defined under the Protection of Children from Sexual Offences Act. The bench, also comprising Justices A.S. Bopanna and V. Ramasubramanian, …

4 Shocking POCSO Orders By One Judge. But Is The Problem Bigger?
3 years, 10 months ago

4 Shocking POCSO Orders By One Judge. But Is The Problem Bigger?

The Quint  

The interpretation offered by her was swiftly condemned for having no basis in the wording of the law, and indeed going against the entire spirit of a law meant to address the seriousness of child sexual assault. When the judgment was brought to the Supreme Court’s notice a day later by the Attorney General, Chief Justice of India SA Bobde …

'She Has Vividly Described Her Love Relationship With Accused' : Bombay High Court Acquits Man Accused Of Raping Minor Girl
3 years, 10 months ago

'She Has Vividly Described Her Love Relationship With Accused' : Bombay High Court Acquits Man Accused Of Raping Minor Girl

Live Law  

The Nagpur Bench of the Bombay High Court has set aside the conviction and sentence of a 27 years old driver, accused of raping a minor girl on the ground that her testimony did not inspire confidence.The prosecutrix was aged 17 years and 9 months on the date of crime.The trial court had sentenced the accused to 10 years rigorous …

Holding girl’s hands, opening pant’s zip not sexual assault under POCSO, says Bombay HC
3 years, 10 months ago

Holding girl’s hands, opening pant’s zip not sexual assault under POCSO, says Bombay HC

Firstpost  

Nagpur: The Nagpur bench of the Bombay High Court has ruled that holding the hands of a minor girl and opening of the zip of pants does not fall under the purview of ‘sexual assault’ or ‘aggravated sexual assault’ of the Protection of Children from Sexual Offences Act. The high court noted that the definition of “sexual assault” under the …

Bombay High Court judge quashes another POCSO conviction
3 years, 10 months ago

Bombay High Court judge quashes another POCSO conviction

The Hindu  

The Nagpur Bench of the Bombay High Court on Thursday held that “The acts of ‘holding the hands of the prosecutrix’, or ‘opened zip of the pant’ in the opinion of this Court, does not fit in the definition of ‘sexual assault’ ”, and quashed the conviction of a man under the Protection of Children from Sexual Offences Act. He …

Opening Pants Zip Not 'Sexual Assault' under POCSO Act: HC Judge Who Ruled on Skin-to-Skin Contact
3 years, 10 months ago

Opening Pants Zip Not 'Sexual Assault' under POCSO Act: HC Judge Who Ruled on Skin-to-Skin Contact

News 18  

In another shocking ruling, the Nagpur bench of the Bombay High Court has held that “the act of holding a girl’s hands and opening the zip of pants will not come under the definition of sexual assault” under the Protection of Children from Sexual Offences Act 2012. While considering the appeal, Justice Gandewala noted the definition of “sexual assault” under …

DCPCR writes to Maharashtra govt. over HC verdict
3 years, 10 months ago

DCPCR writes to Maharashtra govt. over HC verdict

The Hindu  

The Delhi Commission for Protection of Child Rights has written to the Chief Secretary of Maharashtra to say that it disagrees with the Bombay High Court verdict, which acquitted a man found guilty of assault under the Protection of Children from Sexual Offences Act on the ground that he groped his victim over her clothes and there was no ‘skin-to-skin’ …

Skin-to-skin contact: SC stays Bombay HC order acquitting man under POCSO Act
3 years, 10 months ago

Skin-to-skin contact: SC stays Bombay HC order acquitting man under POCSO Act

Live Mint  

The Supreme Court on Wednesday stayed the order of the Nagpur Bench of Bombay High Court, which acquitted a man under the Protection of Children from Sexual Offences Act, saying "groping a minor's breast without "skin-to-skin contact" cannot be termed as sexual assault". The SC's order came after Venugopal, on behalf of the Centre, mentioned before the Chief Justice that …

Supreme Court stays Bombay HC order on ‘skin-to-skin’ contact for sexual assault under POCSO Act
3 years, 10 months ago

Supreme Court stays Bombay HC order on ‘skin-to-skin’ contact for sexual assault under POCSO Act

The Hindu  

The Supreme Court has stayed a controversial Bombay High Court verdict, which acquitted a man found guilty of assault under Protection of Children from Sexual Offences Act on the grounds that he groped his victim over her clothes and there was no ‘skin-to-skin’ contact between them. Venugopal made a special mention in court, saying the High Court decision would set …

Skin to Skin contact: Supreme Court stays Bombay HC order acquitting man under POCSO
3 years, 10 months ago

Skin to Skin contact: Supreme Court stays Bombay HC order acquitting man under POCSO

India TV News  

The Supreme Court Wednesday stayed the Bombay High Court order which acquitted a man under the Protection of Children from Sexual Offences Act saying “groping a minor's breast without "skin to skin contact" cannot be termed as sexual assault." A bench of Chief Justice SA Bobde and Justices AS Bopanna and V Ramasubramanian stayed the high court order after Attorney …

Good or Bad Touch? Bombay HC Order on 'Skin to Skin' Groping in POCSO Case Raises Questions
3 years, 10 months ago

Good or Bad Touch? Bombay HC Order on 'Skin to Skin' Groping in POCSO Case Raises Questions

News 18  

Kolkata-based women’s rights activist Pranadhika Devburman who is a survivor of child sexual abuse and violence, found herself triggered last week when she read about a Bombay High Court verdict regarding a case of groping of a minor girl. After four years, the Nagpur bench of the Bombay High Court headed by Justice Pushpa Ganediwala found that the accused did …

How Bombay High Court’s Interpretation of POCSO Act Fails Us
3 years, 10 months ago

How Bombay High Court’s Interpretation of POCSO Act Fails Us

The Quint  

A shocking judgment was recently passed by the Nagpur Bench of the Bombay High Court, wherein it was held that in absence of "skin-to-skin" contact, while groping a 12-year-old child's breasts, no offence of sexual assault would be made under Section 7 of the Protection of Children from Sexual Offences Act, 2012. The Supreme Court, on Wednesday, 27 January, stayed …

Skin-to-skin contact: SC stays Bombay HC order acquitting man under POCSO Act
3 years, 10 months ago

Skin-to-skin contact: SC stays Bombay HC order acquitting man under POCSO Act

India Today  

The Supreme Court on Wednesday stayed the Bombay High Court order which acquitted a man under the Protection of Children from Sexual Offences Act saying "groping a minor's breast without "skin-to-skin contact" cannot be termed as sexual assault". A bench of Chief Justice SA Bobde and Justices AS Bopanna and V Ramasubramanian stayed the high court order after Attorney General …

Sexual Assault is About Consent, Skin or No Skin: Bombay HC Faces Backlash After Ruling on 'Groping'
3 years, 10 months ago

Sexual Assault is About Consent, Skin or No Skin: Bombay HC Faces Backlash After Ruling on 'Groping'

News 18  

The International Planned Parenthood Federation reacted to the recent Bombay High Court’s “Skin-to-skin contact” ruling with grave concern on Monday. The Nagpur bench of Bombay High Court has observed in a particular case that groping a child’s breast without “skin-to-skin” contact is not the offence of “sexual assault” under India’s child protection law – the Protection of Children from Sexual …

How Bombay High Court's Interpretation Of Section 7 Of POCSO Act Fails Us
3 years, 10 months ago

How Bombay High Court's Interpretation Of Section 7 Of POCSO Act Fails Us

Live Law  

A shocking judgment was recently passed by the Nagpur Bench of the Bombay High Court wherein it was held that in absence of "skin-to-skin" contact while groping a twelve-year old child's breasts, no offence of sexual assault would be made out under Section 7 of the Protection of Children from Sexual Offences Act, 2012. Interpretation of Section 7 of POCSO …

NCW to Challenge Bombay HC's Judgment on Groping Without 'Skin to Skin' Contact in SC
3 years, 10 months ago

NCW to Challenge Bombay HC's Judgment on Groping Without 'Skin to Skin' Contact in SC

News 18  

The National Commission for Women on Monday said it will challenge in the Supreme Court the Bombay High Court judgment which said groping without "skin to skin" contact is not sexual assault as defined under the Protection of Children from Sexual Offences Act. This judgment will not only have a cascading effect on various provisions involving safety and security of …

After outrage over Bombay HC judgment concerning definition of sexual assault, child rights body urges State to file review and protect victim
3 years, 10 months ago

After outrage over Bombay HC judgment concerning definition of sexual assault, child rights body urges State to file review and protect victim

The Hindu  

The National Commission for Protection of Child Rights asked the Maharashtra Government to urgently appeal a recent Bombay High Court judgment on the conviction of a man for child sexual abuse. The single-judge verdict from the court’s Nagpur Bench had generated controversy as it defined groping/sexual assault to a minor only if there was "skin-to-skin" contact, and excludes mere touching …

Bombay HC judgement on sexual assault 'obnoxious, unacceptable, outrageous': Activists
3 years, 10 months ago

Bombay HC judgement on sexual assault 'obnoxious, unacceptable, outrageous': Activists

India TV News  

Activists and child rights bodies have slammed the recent judgement of the Bombay High Court that there is no sexual assault if there is no 'skin-to-skin' contact. In a judgement passed on January 19, the Bombay High Court has said groping a minor's breast without 'skin-to-skin contact' cannot be termed sexual assault as defined under the Protection of Children from …

NCPCR seeks urgent appeal against Bombay HC's no sexual assault without 'skin to skin' contact judgment
3 years, 10 months ago

NCPCR seeks urgent appeal against Bombay HC's no sexual assault without 'skin to skin' contact judgment

India Today  

National Commission for Protection of Child Rights, India's apex child rights body, asked the Maharashtra government on Monday to file an urgent appeal against Bombay High Court's recent judgment that an act cannot be termed as sexual assault if there is no "skin-to-skin" contact. The Bombay High Court ruled that groping without ‘skin to skin’ contact is not sexual assault …

Groping Without 'Skin-to-skin' Contact Does Not Amount to Sexual Assault under POCSO: Bombay HC
3 years, 11 months ago

Groping Without 'Skin-to-skin' Contact Does Not Amount to Sexual Assault under POCSO: Bombay HC

News 18  

The Bombay High Court, modifying a sessions court order that held a man guilty of a minor’s sexual assault, ruled that groping a child without “skin-to-skin contact with sexual intent” does not amount to the offence under the Prevention of Children from Sexual Offences Act. “The act of pressing of breast of the child aged 12 years, in the absence …

Pressing Breasts Without Disrobing Not "Sexual Assault" As Per POCSO Act But Offence Under Sec 354 IPC : Bombay High Court
3 years, 11 months ago

Pressing Breasts Without Disrobing Not "Sexual Assault" As Per POCSO Act But Offence Under Sec 354 IPC : Bombay High Court

Live Law  

The Nagpur Bench of the Bombay High Court has held that groping a child's breasts without 'skin-to-skin contact' would amount to molestation under the Indian Penal Code but not the graver offence of 'sexual assault' under the Protection of Children from Sexual Offenses Act. Sexual assault under section 8 of the POCSO Act would attract a minimum punishment of three …

Groping minor without 'skin to skin' contact not sexual assault, rules Bombay HC
3 years, 11 months ago

Groping minor without 'skin to skin' contact not sexual assault, rules Bombay HC

India Today  

The Bombay High Court has ruled that groping without ‘skin to skin’ contact is not sexual assault as defined under the Protection of Children from Sexual Offences Act. In a recent judgment, the Nagpur bench of Bombay High Court ruled that there must be physical contact “i.e skin-to-skin contact with sexual intent without penetration” and mere groping would not amount …

SC Issues Guidelines for Expeditious Trial of Cases Under POCSO Act
6 years, 7 months ago

SC Issues Guidelines for Expeditious Trial of Cases Under POCSO Act

Live Law  

The Supreme Court has issued a set of directions to ensure the swift and efficient trial of cases involving rape of children below the age of 12 years. The bench emphasized the importance of adhering to the provisions of the Protection of Children from Sexual Offenses (POCSO) Act of 2012 and highlighted the need to complete cases within six months …

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