oppn parties SC Rightly Stays A Strange Reading Of The POCSO Act By Bombay HC

News Snippets

  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
oppn parties
SC Rightly Stays A Strange Reading Of The POCSO Act By Bombay HC

By Sunil Garodia
First publised on 2021-01-27 15:03:07

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

It is true that individual judges can have their own interpretation of the statutes and such interpretations can sometimes be at variance with what would have come to be known as the accepted version, but when a judge gives an interpretation which is completely against both the letter and spirit of the law, it raises several questions about how judges arrive at their decisions.

The "skin-to-skin" order under the POCSO Act in a case of sexual molestation of a child by a Nagpur bench of the Bombay High court falls in this category. The logic set out in the order clearly shows that the judge has misinterpreted the provisions of the Act and has given a ruling that goes against the very premise on which the law was based. There is a huge difference between sex and sexual assault and the latter can happen in hundreds of ways which can be both physical and mental. Some of these ways do not even need a touch, let alone "skin-to-skin" contact, although the POCSO Act requires physical touching.

But when the matter is as serious as groping a breast, it is sexual assault regardless of the fact how it was done. It does not matter if the girl was clothed or naked, whether the man used his hands or legs or mouth. Any physical touching of the breast done knowingly, even just a brush, is enough to qualify as sexual assault. Under the POCSO Act, the additional parameter is that it will be treated as sexual assault even if it is done with the consent of the child below 18 years of age. Was the judge not aware of this?

Section 7 of POCSO Act says: Sexual assault - Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.

The operative word here is physical contact. It is described in various dictionaries as "the act of touching physically". It does not matter if the person touched is fully clothed or naked or whether skin contact was made. If two fully clothed persons hug, it would be physical contact and if a person even touches the arm of another while talking it would be physical contact. Then how could a person groping the breast of a child who might be wearing several layers of clothing not count as physical contact and by that token and as per the definition in section 7 of the Act, sexual assault?

It is good that the Supreme Court has stayed the Bombay High Court order. Such perverts cannot be allowed to walk away after traumatizing a child just because a judge interpreted the law erroneously. The Supreme Court must examine the order and set it aside as it is clearly a dangerously wrong interpretation of the POCSO Act.