Skip to main content
Sabrang
Sabrang
Children Rule of Law

BREAKING: SC stays Bombay HC’s controversial POCSO judgment

The judgment had held that skin to skin contact is necessary to qualify as an offence of sexual assault under POCSO

Sabrangindia 27 Jan 2021


Image Courtesy:news18.com

The Supreme Court Bench on January 27, stayed the judgment of the Bombay High Court which ruled that pressing the breast of a 12-year-old child without disrobing her will not fall within the ambit of ‘sexual assault’ under Section 7 the Protection of Children from Sexual Offences Act (POCSO).

According to Bar and Bench, the stay was ordered by a Bench headed by Chief Justice of India SA Bobde after Attorney General KK Venugopal mentioned that “it is a very disturbing conclusion (by Bombay High Court).”

Chief Justice Bobde orally noted, “High Court had acquitted the accused under POCSO on the ground that the accused had no sexual intent in committing offence under POCSO because there was no direct physical contact. AG states that the order is unprecedented and is likely to present a dangerous precedent. We permit AG Venugopal to file a plea against the order. In the meanwhile, we stay the acquittal of the accused until in so far as the offence under Section 8 of POCSO Act. Issue notice to accused.”

On January 19, the Single Bench of Justice Pushpa Ganediwala (Nagpur Bench) had opined that considering the stringent nature of punishment provided for the offence, stricter proof and serious allegations are required. The court also observed that the punishment for an offence should be proportionate to the seriousness of the crime.

The court had also remarked that the ingredients for constituting the offence of “sexual assault” are that the act must have been committed with sexual intent and it must include touching the vagina, penis, anus or breast of the child or “any other act” which are similar to the acts specifically mentioned in the provision (section 7 of POCSO).

This order prompted many organisations like the National Commission for Women, National Commission for Protection of Child Rights (NCPCR) and most recently the Youth Bar Association of India to appeal in the matter for appropriate directions.

The order may be read here: 

Related:

Groping minor without physical contact, not sexual assault under POCSO Act: Bombay HC
National commissions for women and child rights decry Bom HC POCSO judgment

BREAKING: SC stays Bombay HC’s controversial POCSO judgment

The judgment had held that skin to skin contact is necessary to qualify as an offence of sexual assault under POCSO


Image Courtesy:news18.com

The Supreme Court Bench on January 27, stayed the judgment of the Bombay High Court which ruled that pressing the breast of a 12-year-old child without disrobing her will not fall within the ambit of ‘sexual assault’ under Section 7 the Protection of Children from Sexual Offences Act (POCSO).

According to Bar and Bench, the stay was ordered by a Bench headed by Chief Justice of India SA Bobde after Attorney General KK Venugopal mentioned that “it is a very disturbing conclusion (by Bombay High Court).”

Chief Justice Bobde orally noted, “High Court had acquitted the accused under POCSO on the ground that the accused had no sexual intent in committing offence under POCSO because there was no direct physical contact. AG states that the order is unprecedented and is likely to present a dangerous precedent. We permit AG Venugopal to file a plea against the order. In the meanwhile, we stay the acquittal of the accused until in so far as the offence under Section 8 of POCSO Act. Issue notice to accused.”

On January 19, the Single Bench of Justice Pushpa Ganediwala (Nagpur Bench) had opined that considering the stringent nature of punishment provided for the offence, stricter proof and serious allegations are required. The court also observed that the punishment for an offence should be proportionate to the seriousness of the crime.

The court had also remarked that the ingredients for constituting the offence of “sexual assault” are that the act must have been committed with sexual intent and it must include touching the vagina, penis, anus or breast of the child or “any other act” which are similar to the acts specifically mentioned in the provision (section 7 of POCSO).

This order prompted many organisations like the National Commission for Women, National Commission for Protection of Child Rights (NCPCR) and most recently the Youth Bar Association of India to appeal in the matter for appropriate directions.

The order may be read here: 

Related:

Groping minor without physical contact, not sexual assault under POCSO Act: Bombay HC
National commissions for women and child rights decry Bom HC POCSO judgment

Related Articles

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

Theme

2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.
Delhi HC

Hate Speech and Delhi Pogrom 2020

A spate of provocative speeches, that amount to hate speech in law and should be prosecuted allowed blood letting to spill on the streets of north east Delhi in February-March 2020
hashimpura

Hashimpura Massacre

The Lemmings of Hashimpura

Campaigns

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

IN FACT

Analysis

2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.
Delhi HC

Hate Speech and Delhi Pogrom 2020

A spate of provocative speeches, that amount to hate speech in law and should be prosecuted allowed blood letting to spill on the streets of north east Delhi in February-March 2020
hashimpura

Hashimpura Massacre

The Lemmings of Hashimpura

Archives