Exposing Private Parts Without Physical Contact Not S*xual Assault: Madras High Court

The Madras High Court has ruled that the act of exhibiting a male private organ to a minor child constitutes s*xual harassment rather than s*xual assault under the Protection of Children from S*xual Offences (POCSO) Act. Justice S. Karthikeyan delivered the observation while modifying a lower court's sentence against a man convicted under the legislation.

Case Background and Legal Distinction

The matter stemmed from an appeal filed by a man challenging his conviction and sentence under Section 7 read with Section 8 of the POCSO Act, which deals with s*xual assault, reports Live Law. A special trial court had previously sentenced the accused to three years of rigorous imprisonment alongside a fine of INR 5,000. 'Wife Not a Pug in a Vodafone Ad': Madras High Court Dissolves Marriage Over Career Relocation.

According to the prosecution, the incident occurred while the accused was performing plumbing work on a building terrace where an 11-year-old boy was playing. The evidence established that the man took the child to an upper room and showed him his male private organ. The boy immediately pushed the accused away, exited the room, and reported the incident to his parents, who subsequently filed a complaint through Childline. The appellant argued that the essential legal requirement for s*xual assault under Section 7 - which necessitates direct physical contact between the accused and the victim - was absent in this scenario.

High Court Observations and Modified Sentence

Reviewing the trial records, the High Court concurred that the victim's testimony did not disclose any physical contact during the occurrence, limiting the overt act strictly to the exhibition of the private organ. “It is true that the evidence of the victim did not disclose that there is a physical contact between the victim and the appellant. Even as per the victim, the only overt act alleged as against the appellant is that he shown his male organ to him. Though the said act would not attract the offence punishable under Section 7 of the POCSO Act, it would fall under Section 11(i) of the POCSO Act,” the court observed. Madras High Court Orders 2 Women Cops To Pay INR 1 Lakh Each to Complainant in Dowry Case; Here's Why.

Consequently, the bench set aside the original conviction and sentence under Section 7 of the POCSO Act. Instead, the court convicted the appellant under Section 11(i) - which defines sexual harassment - punishable under Section 12 of the Act. Taking into account that the accused was a first-time offender working as a local tradesman, the court substituted the original term with a reduced sentence of one year of rigorous imprisonment and maintained the ₹5,000 fine.

Women and Child Helpline Numbers:

Childline India – 1098; Missing Child and Women – 1094; Women’s Helpline – 181; National Commission for Women Helpline – 112; National Commission for Women Helpline Against Violence – 7827170170; Police Women and Senior Citizen Helpline – 1091/1291.

(The above story first appeared on LatestLY on Sep 10, 2026 03:19 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).