POCSO Act applies only when a child is harassed with sexual intent: Bombay HC

The judge noted the reading of the First Information Reports by the parties in the case against each other suggested petty rivalry between two families

The Bombay high court on Friday granted anticipatory bail to a Pune resident booked under the Protection of Children from Sexual Offences (POCSO) Act for tearing off clothes of a minor girl during a scuffle. It said provisions of the law are applicable only when a child is harassed with sexual intent.

The accused was booked on the basis of a 17-year-old girl’s complaint on August 1. Photo for representational purpose only. (Getty Images/iStockphoto)

“In order to attract the provisions of the POCSO Act, 2012, it is necessary to commit an act of harassment with sexual intent,” said justice Bharati Dangre while granting pre-arrest bail to the accused.

The accused was booked on the basis of a 17-year-old girl’s complaint on August 1.

The judge noted the reading of the First Information Reports by the parties in the case against each other suggested petty rivalry between two families. Dangre said on account of some petty reasons, there was verbal altercation over some trivial issues. It aggravated and resulted into a scuffle, added Dangre.