‘Simple blow on child’s back is not sexual harassment’
By Team Legistify / 2017-08-17

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A simple blow on a child’s back does not amount to sexual harassment under the POCSO law as there must be a sexual intent behind the act, a Delhi court has said.

It said that an offence under the Protection of Children from Sexual Offences (POCSO) Act is made out when harassment is done with a sexual intent.

“Simply giving a blow on the back of the victim does not amount to sexual harassment as defined under the POCSO Act, according to which sexual harassment must be done with sexual intent. Then only the offence becomes punishable under the POCSO Act.

“Explanation of Section 11 of the Act says that any question which involving sexual intent shall be a question of fact,” Additional Sessions Judge A K Sarpal said.

The court’s observation came in a case in which a minor girl, student of class 10, had accused a man of sexually harassing her by spitting on her and misbehaving with her after giving a blow on her back with his hand.

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