Sexual Intent Crucial Ingredient of Assault: SC Junks HC's 'Skin-to-Skin' Order

The SC said the purpose of the law is not to allow the offender to "escape the meshes of the law".

The Supreme Court, on Thursday, 18 December, quashed the verdict of the Nagpur Bench of the Bombay High Court which, earlier this year in January, had 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.

Justice UU Lalit, who was heading the bench, set aside the high court judgement, stating that "the most important ingredient of constituting sexual assault is sexual intent and not skin-to-skin contact with the child", as per PTI.

The SC, which was hearing separate appeals of the Attorney General and the National Commission for Women (NCW), said the purpose of the law is not to allow the offender to "escape the meshes of the law".