"You can't charge under POCSO Act just 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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In Kochi, a High Court bench led by Justice A Badharudeen determined 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 who was accused of causing distress to a 17-year-old girl by contacting her on her mobile phone. The man had been charged under stalking and sexual harassment laws, but the victim later stated in an affidavit that the matter had been resolved. Despite the prosecution's objections, the court ultimately ruled that unless there is evidence of sexual intent in messages or communication, Pocso offenses do not apply. The bench noted that there was no indication that the accused had persistently pursued the minor with a sexual motive.