Delhi, March 7: In a recent ruling, the Delhi High Court stated that touching and pressing a minor girl's lips or lying beside her, without sexual intent, does not amount to "aggravated sexual assault" under the Pocso Act. Justice Swarana Kanta Sharma, in an order passed last month, ruled on a plea by a man challenging the charges against him under Section 354 of the IPC and Section 10 of the Pocso Act for alleged misconduct involving his 12-year-old niece.

The court acknowledged that while the acts in question could violate the girl's dignity and outrage her modesty, they do not meet the legal criteria for a charge under Section 10 of the Pocso Act without "overt or inferred sexual intent." However, it upheld the prosecution under Section 354 of the IPC, stating that there was a clear case of "assault or use of criminal force against a woman with intent to outrage her modesty." ‘Pathetic’: Delhi High Court Upset Over Defiance of Supreme Court’s Order on Mandatory Marriage Registrations.

The court noted that the Supreme Court has consistently emphasised that modesty, under Section 354 of the IPC, should be understood in relation to a woman or girl's dignity and bodily autonomy. It highlighted that the victim never alleged any act of an explicitly sexual nature. In her statements—whether before the magistrate, police, or Child Welfare Committee—she did not claim to have experienced sexual assault or an attempt at such an act. The court pointed out that the absence of any indication of a sexually motivated advance in her statements fails to meet the essential requirement of "sexual intent" under Section 10 of the Pocso Act. Delhi High Court Issues Notice on Plea for Tree Transplantation in Supreme Court Expansion Project.

The court noted that the minor, abandoned by her mother, was seeking familial security when the incident occurred, making any inappropriate contact deeply distressing. It held that even minimal contact, if intended or known to outrage modesty, justified invoking Section 354 IPC. It also criticized trial courts for issuing vague, template-like orders without proper reasoning, noting that in this case, no justification was provided for framing the charges.

(The above story first appeared on LatestLY on Mar 08, 2025 12:12 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).