"You can't punish someone 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 ruled that contacting a minor through messages and calls without any sexual intent does not violate the Pocso Act. The case involved a 24-year-old man accused of causing distress to a 17-year-old girl by contacting her on her mobile phone. The prosecution charged him with stalking under Section 354D of the IPC and sexual harassment under the Pocso Act. The man approached the High Court, presenting an affidavit from the victim stating that the issue had been resolved and further action was unnecessary. The court concluded that unless there is clear evidence of sexual intent in messages or communications, the Pocso Act does not apply. The prosecution's case centered on messages and calls causing distress to the victim, without indicating repeated contact with sexual intent.