"You can't simply accuse under POCSO Act 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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Kochi: A 24-year-old man's case under the Pocso Act was dismissed by a High Court bench led by Justice A Badharudeen, ruling that simply sending messages and making calls to a minor without any sexual purpose is not considered an offence. The prosecution had accused the man of causing distress to a 17-year-old girl by contacting her through messages and calls. The man approached the High Court after being charged under stalking and sexual harassment laws. Despite the victim stating that the issue had been resolved and no further action was needed, the prosecution argued against dropping the case, claiming that Pocso offences cannot be settled legally. The court emphasized that for a Pocso offence to apply, there must be evidence of sexual intent in the messages or communications. The prosecution's case was based solely on the man's messages and calls causing disruption to the victim, with no indication of repeated contact aimed at sexual harassment.