India

Delhi High Court Rules POCSO Act Applies To All Genders

New Delhi, August 9: The Delhi High Court has ruled that sexual harassment under the POCSO Act is not restricted by gender. The court clarified that the law can apply to both men and women.

Court Upholds Charges Against Woman

Justice Anup Jairam Bhambhani stated that the term “he” in Section 3 of the POCSO Act is not gender-specific. He emphasized that the Act applies to any offender, regardless of gender, as long as the offense involves a child. Justice Bhambhani upheld the lower court’s decision to frame charges against a woman under Section 6 (aggravated sexual assault) of the POCSO Act and dismissed her appeal.

Delay in FIR Filing Not Grounds for Dismissal

Despite the delay in filing the FIR, Justice Bhambhani rejected the woman’s argument for dismissal. He noted that while the doctor’s opinion and the child’s statement suggested no intent of sexual assault, these matters would be resolved during the trial. The judge found that prima facie, the charge of ‘aggravated sexual assault’ was valid and required prosecution.

Scope of POCSO Provisions

The court highlighted that the POCSO provisions cover various forms of penetrative sexual assault, not limited to penile penetration. The judge asserted that the scope of the Act includes actions such as inserting objects or body parts into a child’s body, making it illogical to limit the crime to only certain types of penetration.

Also Read: Ayodhya’s Muslim Community & Saints Back Waqf Board Amendment Bill

Gopal Krishna

Recent Posts

MLA Dr. Rajeshwar Singh Meeting With Chief Minister Yogi Adityanath: A Focus On Governance And Development

MLA Dr. Rajeshwar Singh meeting with UP CM Yogi Adityanath, widely recognize for his visionary…

9 hours ago

Prime Minister Modi Thanks Maharashtra For Mahayuti Victory; Praises Workers And Governance

PM Modi expressed his heartfelt gratitude to the people of Maharashtra for the victory of…

13 hours ago

India’s Business Activity Hits Three-Month High In November; Driven By Services And Job Creation

India's business activity surged to a three-month high in November, fueled by strong growth in…

15 hours ago

BJP Spokesperson Takes Aim At Akhilesh Yadav Amid Uttar Pradesh By-Election Results

BJP spokesperson SN Singh targeted Akhilesh Yadav, echoing remarks made by CM Yogi regarding recently…

16 hours ago

Priyanka Gandhi Wins Wayanad By-Election With Strong Victory Margin

Priyanka Gandhi’s margin was slightly below Rahul Gandhi’s 4.30 lakh votes in the 2019 elections,…

16 hours ago

Clive Lloyd Calls For More Leaders Like PM Modi After Memorable Meeting

Legendary West Indies cricketer Clive Lloyd expressed his appreciation after meeting Indian PM Narendra Modi…

16 hours ago