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Pressing lips without sexual intent not Pocso offence: Delhi HC

The matter has arisen from a plea that a 35 year old man filed against the July 30, 2024 order of framing charges by the city court against him.

The Delhi high court has held that touching, pressing lips or lying down next to a minor girl would not attract aggravated sexual assault under the Protection of children from Sexual Offences (Pocso) Act unless the sexual intent is proved. But such acts will amount to outraging a woman’s modesty, the court said, since the same will also outrage their dignity.


“A bench of justice Swarana Kanta Sharma in a ruling dated February 24, released this week, said the act of touching and pressing lips or lying down next to the victim might jeopardise a woman’s dignity and outrage her modesty, but would not amount to a charge of the kind under section 10 of Pocso Act unless there was clear or implicit sexual intent.”

It is a matter of a plea by a 35 year old man against the framing of charges by city court in July 30, 2024 against him under section 354 (outraging a woman’s modesty) and Pocso section 10 (aggravated sexual assault) for allegedly touching and pressing the lips of his 12 year old niece before and sleeping with her.

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