By Online Desk
CHENNAI: In a welcome development, the Supreme Court on Thursday set aside the controversial order of the Bombay High Court which held that ‘skin-to-skin’ contact is necessary for the offence of sexual assault under the Protection of Children from Sexual Offences (POCSO) Act.
The apex court maintained that restricting ‘touch’ or ‘physical contact’ under Section 7 of POCSO is absurd and will destroy the intent of the Act, which is enacted to protect children from sexual offences, Live Law reported.
“If such an interpretation is adopted, a person who uses gloves or any other like material while physical groping will not get a conviction for the offence. That will be an absurd situation, a bench comprising Justices Uday Umesh Lalit, S Ravindra Bhat and Bela M Trivedi observed.
The court held that the most important factor in convicting sexual offenders under POCSO Act is “sexual intent.”
