"You can't invoke POCSO Act 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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In Kochi, a High Court bench led by Justice A Badharudeen 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 in question involved a 24-year-old man who was accused of causing distress to a 17-year-old victim by sending messages and making calls to her mobile phone. The police had registered a case under Section 354D of the IPC (stalking) and Section 12 read with 11(iv) of the Pocso Act (sexual harassment) against the man. However, the man approached the High Court, presenting an affidavit from the victim stating that the matter had been resolved and further action was unnecessary. The prosecution argued against quashing the case, contending that Pocso offenses cannot be legally settled. The court held that for a Pocso offense to apply, the messages or chats must exhibit sexual intent. The prosecution's evidence only showed messages and calls causing disturbance to the victim, without evidence of repeated contact with sexual intent.