POCSO Act: High Court Judgement On Revising the Rules

Kerala High Court: The Kerala High Court (HC) has said that making a sexual relationship in front of a minor or coming naked in front of them is a form of sexual harassment. This sexual offense is punishable under the Protection of Children from Sexual Offenses (POCSO) Act.

The Kerala High Court (HC) has said that having a sexual relationship in front of a minor or coming naked in front of them is a form of sexual harassment. This sexual offense is punishable under the Protection of Children from Sexual Offenses (POCSO) Act. Justice A Badaruddin has given this verdict on a petition filed by a person. In this petition, the person had requested to quash the case filed against him under the POCSO Act, Indian Penal Code (IPC), and Juvenile Justice Act for various crimes. The accused was charged with having a sexual relationship with a minor’s mother in a lodge room without closing the door, and the minor boy who witnessed this act was beaten up.

Rules Under the POCSO Act

The High Court has said that when someone shows their naked body to a child, it is an act of sexual harassment with intent. The court has said that the provisions of Section 11i (sexual harassment) and Section 12 (punishment for sexual harassment) of the POCSO Act will apply. In this case, the accused persons are charged with making a sexual relationship after becoming naked, and even allowing the minor to enter the room. As a result, the minor witnessed this act.

The High Court has said that the person will have to face trial for the offenses under the POCSO Act and Section 323 (punishment for voluntarily causing hurt) and 34 (common intention) of the Indian Penal Code. It is being told that the person had beaten up the child and the child’s mother did not even try to stop him, so the offense under Section 323 (punishment for voluntarily causing hurt) and 34 (common intention) of the Indian Penal Code was also committed.