Delhi High Court Clarifies POCSO Act Interpretation

The Delhi High Court ruled that touching a minor girl's lips without sexual intent does not constitute 'aggravated sexual assault' under the POCSO Act. While the court found a case under Section 354 of IPC, it discharged the accused under Section 10 of the POCSO Act, emphasizing understanding of modesty violations.

The Delhi High Court has clarified that in the absence of sexual intent, actions like touching a minor girl's lips may not qualify as 'aggravated sexual assault' under the POCSO Act.

Justice Swarana Kanta Sharma noted that while such actions could outrage the dignity and modesty of the girl, they fall short of meeting the necessary legal threshold for charges under Section 10 of the POCSO Act. The judgment came as the court assessed a plea involving the uncle of a 12-year-old girl concerning charges of molestation.

The court underscored the importance of providing detailed reasoning during charge framing, criticizing the tendencies of some trial courts to issue succinct orders without sufficient justification, particularly when potential incarceration is at stake.

(With inputs from agencies.)