Groping Without Skin Contact Not Sexual Assault Under POCSO: HC

Sexual assault under POSCO is a graver offence than outraging a woman’s modesty under Section 354 of the IPC.

The Nagpur Bench of the Bombay High Court has held that groping a child without ‘skin-to-skin contact’ would not amount to ‘sexual assault’ under the Protection of Children from Sexual Offences (POCSO) Act, according to LiveLaw. Instead, it would merely amount to molestation under the Indian Penal Code (IPC).

Sexual assault, under the POCSO, attracts a minimum punishment of three years. Whereas, outraging a woman’s modesty (Section 354 of the IPC) attracts a minimum punishment of only one year. The former is naturally a graver offence than the latter.

What Did the Court Say