You cannot accuse someone under POCSO for just 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 ruled that simply sending messages and making calls to a minor without any sexual intention would not constitute an offense under the Pocso Act. The case involved a 24-year-old man accused of causing distress to a 17-year-old girl by communicating with her through messages and calls. Although the prosecution charged him with stalking and sexual harassment, the accused maintained that the matter had been settled and sought to have the case quashed. The court agreed that unless there was evidence of sexual intent in the messages or communications, the Pocso Act would not apply. The court noted that while the actions caused distress to the victim, there was no indication of repeated contact with a sexual motive.