Pressing Lips or Lying Beside Minor Without Sexual Intent Not POCSO Offence : Delhi High Court

The Delhi High Court ruled that touching a minor girl’s lips or lying next to her without sexual intention, does not amount to “aggravated sexual assault” under Section 10 of the Protection of Children from Sexual Offences(POCSO) Act.

A man accused of touching and pressing his 12-year-old niece’s lips challenged the trial court charges. The HC noted it may fall under Section 354 of the (IPC) - outraging a woman's modesty.

The court ruled that while the acts may violate her dignity and outrage her modesty, the absence of overt or inferred sexual intent justified prosecution under Section 354 of IPC.