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Supreme Court of India 2021-11-18 partly_allowed

Bench: 3 — Uday Umesh Lalit, Bela M. Trivedi, S. Ravindra Bhat

In Brief

The Supreme Court resolved a critical interpretation question regarding the Protection of Children from Sexual Offences (POCSO) Act, 2012. Two appellants were convicted of sexual assault against children. The High Court acquitted them under POCSO, holding that sexual assault required 'skin to skin' contact. The Supreme Court allowed appeals by the Attorney General and National Commission for Women, holding that POCSO does not require direct skin contact; touching through clothing constitutes sexual assault if done with sexual intent. The Court convicted Satish for sexual assault under Section 8 of POCSO (3-year imprisonment) and Libnus for aggravated sexual assault under Section 10 of POCSO (5-year imprisonment), applying a purposive interpretation aligned with Parliament's protective intent.

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Child Sexual Abuse POCSO Act Interpretation Sexual Assault Criminal Procedure Constitutional Law Statutory Interpretation Rule of Lenity Presumptions in Criminal Law Dignity and Rights of Children Sexual Offences

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