Read Time: 03 minutes

A 3-judge bench of the Supreme Court today held that skin-to-skin contact is not essential for proving an offence under the POCSO Act.

The Court has held this in an appeal filed against the Bombay High Court verdict which had held that no offence of sexual assault under the POCSO Act was made out if there is no direct "skin-to-skin" contact between accused and the victim.

In this regard, a bench of Justices UU Lalit, S Ravindra Bhat and Bela M Trivedi held that that giving a narrow meaning of physical contact to confine it to skin-to-skin contact would defeat the purpose of POCSO Act and it cannot be accepted.

The top court observed that the very object of the POCSO Act is to protect children and a narrow interpretation of ‘touch’ and ‘skin to skin’ under Section 7 of the act will be detrimental to it.

"Courts should not search for ambiguity or absurdity to invoke rule of lenity," remarked the bench.

The Bombay High Court in its impugned judgment had held that pressing the breast of a 12-year-old child without removing her clothes will only fall within the definition of outraging the modesty of a woman under Section 354 of the Indian Penal Code (IPC) and not sexual assault under the POCSO.

It had thus acquitted the accused under Section 8 of the POCSO Act. 

The top court today convicted the accused Satish under Section 8 and has directed him to surrender in 4 weeks.