‘Texting alone does not merit Pocso charges’
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 intentions would not be considered an offense under the Pocso Act. The case involved a 24-year-old man who was accused of causing distress to a 17-year-old girl by sending messages and making calls to her. The police had registered a case against the man under stalking and sexual harassment laws, but he approached the High Court seeking to have the case quashed. The man also presented an affidavit from the victim stating that the matter had been resolved and further action was unnecessary. The prosecution argued against quashing the case, stating that Pocso offenses cannot be legally settled. However, the bench determined that unless the messages or chats clearly showed sexual intent, the Pocso Act would not apply. The court noted that the allegations against the accused were limited to messaging and calling the victim, causing her distress, but there was no evidence of repeated attempts to contact the child with sexual intentions.