"You cannot charge someone 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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In Kochi, a High Court bench of 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 involved a 24-year-old man accused of sending messages and making calls to a 17-year-old without sexual motives, causing her distress. The police had registered a case against him under stalking and sexual harassment laws, but the accused approached the High Court to have the case dismissed. The victim submitted an affidavit stating that the matter was resolved and further action was unnecessary. The prosecution argued against dropping the case, stating that Pocso offenses cannot be settled legally. The court determined that unless messages or chats clearly show sexual intent, Pocso charges do not apply. The prosecution's evidence focused on the sending of messages and calls causing disturbance to the victim, without indicating repeated contact with sexual intent.