'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 without 'skin-to-skin contact' would amount to molestation under S.354 of IPC but not a graver offence of 'sexual assault' under S.8 of the POCSO Act. The Attorney General for India, Mr KK Venugopal argued that the controversial judgement of the Bombay High Court had misinterpreted S.7 of the POCSO Act. Senior Advocate Siddharth Dave submitted that he will make reliance on the High Court decision to show that skin-to-skin contact is not required for an offence of sexual assault.

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History of this topic

Mumbai Court Convicts Man Under POCSO Act For Rubbing 100 Rupees Note On Minor's Lips, Making Derogatory Comment; Awards One Year Rigorous Imprisonment
1 year, 10 months ago

Mumbai Court Convicts Man Under POCSO Act For Rubbing 100 Rupees Note On Minor's Lips, Making Derogatory Comment; Awards One Year Rigorous Imprisonment

Live Law  

A Mumbai Court recently convicted a man for sexual harassment and outraging the modesty of a child after he cat called and rubbed a 100 rupee note on a 16-year-old girl’s lips. Special Judge under Protection of Children From Sexual Offences Act, 2012, SC Jadhav held, “Moving a note of Rs.100/­ on the lips of the victim and then uttering …

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 …

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 …

"No Reason To Indict Male Only": Calcutta High Court Holds That 'Voluntary Sexual Union' Will Not Attract POCSO, Acquits Accused
3 years, 3 months ago

"No Reason To Indict Male Only": Calcutta High Court Holds That 'Voluntary Sexual Union' Will Not Attract POCSO, Acquits Accused

Live Law  

The Calcutta High Court held that voluntary joint act of sexual union will not attract offence under Protection of Children from Sexual Offences Act, 2012.If the union is participatory in nature, there is no reason to indict only the male just because of the peculiar nature of anatomy of the sexual organs of different genders, Justice Sabyasachi Bhattacharyya observed.To convict …

Touching Cheeks Without Sexual Intent Wouldn't Attract Offence Of 'Sexual Assault' Under POCSO: Bombay High Court
3 years, 3 months ago

Touching Cheeks Without Sexual Intent Wouldn't Attract Offence Of 'Sexual Assault' Under POCSO: Bombay High Court

Live Law  

Touching the cheeks without sexual intent would not attract the offence of 'sexual assault', as defined under Section 7 of the POCSO Act, the Bombay High Court has observed on Friday, while granting bail to a man booked under various offences under POCSO.Granting bail to a 46-year-old man, the Bench of Justice Sandeep K. Shinde observed that primary evaluation of …

Touching cheeks of minor without sexual intent not sexual assault: Bombay HC
3 years, 3 months ago

Touching cheeks of minor without sexual intent not sexual assault: Bombay HC

India Today  

The Bombay High Court while granting bail to a man accused of inappropriately touching a minor girl said touching the cheeks without sexual intent is not sexual assault under the Protection of Children from Sexual Offences Act. "In my view, touching the cheeks without a sexual intent would not attract the offence of ‘sexual assault’, as defined under Section 7 …

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, …

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 …

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 …

Holding victim's hand or open pant zip of accused not sexual assault under POCSO Act: Bombay HC
3 years, 10 months ago

Holding victim's hand or open pant zip of accused not sexual assault under POCSO Act: Bombay HC

India Today  

Holding the hands of a minor or the zip of the pants of the accused being open at the relevant time does not amount to sexual assault under the Protection of Children from Sexual Offences Act, the Bombay High Court has held. The judgment was delivered by Justice Pushpa Ganediwala on January 15, four days before she held that groping …

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 …

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 …

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 …

Artificial And Unreasonable Veil of Legal Protection- A Critic of Bombay High Court's POCSO Judgment
3 years, 10 months ago

Artificial And Unreasonable Veil of Legal Protection- A Critic of Bombay High Court's POCSO Judgment

Live Law  

"I did not punch your stomach. In a cruel irony, the Bombay High Court chose the National Girl Child Day to deliver an absurd interpretation of the Protection of Children from Sexual Offences Act, 2012. However, according to the Bombay High Court, grabbing a minor's breast would not constitute a sexual assault, "in the absence of any specific detail as …

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, 11 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 …

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