You cannot accuse someone of POCSO 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 simply sending messages and making calls to a minor without any sexual intention does not constitute an offense under the Pocso Act. The case against a 24-year-old man was dismissed on these grounds. The prosecution accused the man of causing distress to a 17-year-old girl by sending messages and making calls to her, leading to charges under stalking and sexual harassment laws. The man approached the High Court, presenting an affidavit from the victim stating that the matter had been resolved. The court observed that unless the messages or communication showed clear sexual intent, the Pocso Act would not apply. The prosecution's argument focused on the disturbance caused to the victim by the communication, but did not provide evidence of repeated contact with sexual intent.