Medical Exam With Parental Consent Protected Under POCSO Act: Kerala HC Quashes Case Against 80 Yr Old Doctor

The Kerala High Court quashed a criminal case against an 80-year-old pediatrician accused of sexual harassment under the POCSO Act and IPC Section 354A(1)(i).

The Court held that medical examinations conducted with parental consent and in the presence of family members fall under the protection of Section 41 of the POCSO Act, which excludes acts done in good faith for the child’s welfare.

The court found no sexual intent in the doctor's actions, noting the doctor conducted standard clinical procedures to address the minor’s chest and abdominal pain in the presence of the minor’s mother and sister. The charges were deemed unjustified and lacking a legal basis.