Supreme Court reverses Bombay High Court’s decision, says POCSO Act will be applicable even without skin to skin touch

Supreme Court

New Delhi: The Supreme Court on Thursday overturned the Bombay High Court’s decision, which had said that skin to skin touch for sexual harassment. Must be. On Thursday, the Supreme Court reversed the decision of the Bombay High Court, saying that skin-to-skin touch is not necessary for the POCSO Act. The Supreme Court has said that it cannot be said that touching the sensitive parts of a child with the intention of sexual harassment is not sexual abuse. If this is said, then the seriousness of the POCSO Act, made to protect children from sexual abuse, will end.

The Supreme Court set aside the Bombay High Court’s decision and sentenced the accused to three years’ imprisonment. The Nagpur Bench of the Bombay High Court had acquitted an accused of sexual harassment observing that if there is no direct skin-to-skin contact between the accused and the victim, then no offense of sexual assault under the POCSO Act is made out.

Earlier, the apex court had also issued notice to the Maharashtra government while staying the decisions and allowed the Attorney General to file an appeal against the decision. The Supreme Court had reserved its verdict in the case on 30 September.

The Supreme Court was hearing the petitions filed by several other parties, including the Maharashtra State Commission for Women, supporting this petition, including the petition filed by Attorney General KK Venugopal against this controversial decision issued by the Nagpur bench of the Bombay High Court.


The Supreme Court bench had said, “The parties are free to submit their written representations within three days.” The judgment is reserved.’ The Maharashtra government had told the apex court that it would adopt the statement given by Attorney General KK Venugopal. Venugopal had earlier told the top court that the controversial Bombay High Court judgment would set a “dangerous and degrading precedent” and needed to be reversed.