Home / Mumbai / Mumbai News / Article / Touching breasts over clothes not sexual assault under POCSO but offence under Section 354: Bombay High Court

Touching breasts over clothes not sexual assault under POCSO but offence under Section 354: Bombay High Court

The judge noted that sexual assault under Pocso is defined as an offence, wherein the act must have been committed with the sexual intent and involved touching the private parts of the child or making the child touch the private organ of the accused

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Bombay High Court. File Pic

Bombay High Court. File Pic

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 (Pocso) Act. The ruling was pronounced by a single judge bench of Justice Pushpa Ganediwala, stated a report in India Today.

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 to sexual assault under the Pocso Act. The court opined that touching a minor’s chest would not amount to sexual assault unless the accused removed the top worn by the child or slid their hand within the child's garment.

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