Lawstreet Journal

‘Pressing of child’s Breast without skin to skin contact is not the graver offence of 'sexual assault' under the POCSO Act, 2012: Bombay High Court [READ JUDGMENT]

Lawstreet Journal 28 Jan 2021 6:35pm

Image courtesy: Lawstreet Journal Judiciary ‘Pressing of child’s Breast without skin to skin contact is not the graver offence of 'sexual assault' under the POCSO Act, 2012: Bombay High Court [READ JUDGMENT]

A single Judge Bench of Bombay High Court consisting of Justice Pushpa Ganediwala held that ‘Pressing of child’s Breast without skin to skin contact is not the graver offence of 'sexual assault' under the Protection of Children from Sexual Offenses (POCSO) Act, 2012 but it is still an offence under section 354 of Indian Penal Code, 1860.

The Nagpur Bench of the Bombay High Court observed in a case at hand that it is not the case of the prosecution that the appellant removed her top and pressed her breast. As such, there was no direct physical contact i.e. skin to skin with sexual intent without penetration. So, the act of pressing breast can be a criminal force to a woman/ girl with the intention to outrage her modesty and it would amount to molestation under Indian Penal Code,1860. Therefore, minimum punishment provided for this offence is one year, which may extend to five years and shall also be liable to fine. 

The court while modifying the order of the sessions court that held a 39 year old man guilty of sexual assault for groping her breast and removing her salwar had so opined.

It further stated that evidently, it is not the case of the prosecution that the appellant removed her top and pressed her breast. The punishment provided for offence of ‘sexual assault’ is imprisonment of either description for a term which shall not be less than three years but which may extend to five years, and shall also be liable… Continue Reading...


Tagged: Protection of Children from Sexual Offences (POCSO) Act   POCSO Act  
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