Supreme Court Sets Aside Bombay High Court Judgement On “Skin To Skin Contact”

With this, the apex court has set aside the Bombay High Court judgment wherein a man was acquitted by saying “groping a minor’s breast without “skin to skin contact” can’t be labelled as sexual assault under the POCSO”.

Supreme Court Sets Aside Bombay High Court Judgement On “Skin To Skin Contact”
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On Thursday, November 18, the Supreme Court ruled that “skin to skin” contact isn’t needed for a crime to be considered under the Protection of Children from Sexual Offences (POCSO) Act, highlighted reports.

With this, the apex court has set aside the Bombay High Court judgment wherein a man was acquitted by saying “groping a minor’s breast without “skin to skin contact” can’t be labelled as sexual assault under the POCSO”.  The apex court called it a “narrow interpretation of the law”, stated accounts.

According to reports, Attorney General KK Venugopal opposed the Bombay HC verdict whilst stating that the court’s understanding would infer that somebody could wear a surgical glove, exploit a child and get away. Adding that it could be made into a precedent, causing devasting results.

The Supreme Court questioned the understanding of touch during the hearing by asking what touch means, it noted if it simply means a touch. Adding that even if one is wearing clothes, they aren’t trying to touch the clothes, therefore, it is important to understand touch in the meaning it was intended in the Parliament, mentioned narratives.

Moreover, the National Commission of Women, Attorney General, State of Maharashtra, as well as, the Youth Bar Association of India had challenged the HC’s verdict. It is believed that such observations could have considerable impacts on society and the public. 

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