"Texting Alone Doesn't Justify Pocso Act Violation"
Kochi: Merely sending messages and making calls to a minor without any sexual intent would not attract an offence under the Pocso Act, a HC bench of Justice A Badharudeen held while quashing a Pocso c...
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The High Court bench of Justice A Badharudeen in Kochi ruled that simply sending messages and making calls to a minor without any sexual intent does not constitute an offense under the Pocso Act. The case involved a 24-year-old man accused of causing distress to a 17-year-old victim by sending messages and making calls to her. The accused approached the High Court to have the Pocso case against him quashed. The prosecution had charged him with stalking and sexual harassment under the IPC and the Pocso Act, respectively. The accused presented an affidavit from the victim stating that the matter had been resolved and further action was unnecessary. However, the prosecution argued against quashing the case, claiming that Pocso offences cannot be legally settled. The court ruled that unless the content of the messages or chats clearly show sexual intent, a Pocso offense cannot be established. The prosecution's evidence focused on the disturbance caused to the victim by the messages and calls, but did not demonstrate repeated contact or stalking with sexual intent.