"You can't be prosecuted under POCSO solely for texting"
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 in Kochi ruled that communicating with a minor via messages and calls without any sexual intentions would not be considered an offence under the Pocso Act. The court quashed a Pocso case against a 24-year-old man who was accused of sending messages and making calls to a 17-year-old girl, causing her distress. Despite the prosecution accusing the man of stalking and sexual harassment, the court found that there was no evidence of sexual intent in the messages or calls. The petitioner also presented an affidavit from the victim, stating that the issue had been resolved and further action was unnecessary. The prosecution argued against dropping the case, claiming that Pocso offences cannot be settled. However, the bench emphasized that without evidence of sexual intent in the communication, the Pocso Act would not apply. The court noted that the prosecution's case was based on the disturbance caused to the victim by the messages and calls, rather than any repeated attempts with sexual intent.