"You Cannot Punish Under POCSO Act Just for Sending Text Messages"
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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In Kochi, a High Court bench led by Justice A Badharudeen ruled that simply sending messages and making calls to a minor without 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 by sending messages and making calls. The police had filed charges under stalking and sexual harassment laws, but the defendant sought to have the case dismissed in court. Despite the victim stating that the matter was settled and no further action was needed, the prosecution argued against dropping the case, contending that Pocso offenses cannot be legally resolved. The court concluded that unless the messages or communication clearly show sexual intent, the Pocso Act does not apply. The prosecution's claims were focused on the messages and calls causing disturbance to the victim, without evidence of repeated unwanted contact with a sexual motive.