Source: High Court of Kerela 

Why in News? 

• A bench of Justice A. Badharudeen held that the Courts should be vigilant while addressing the allegations of POCSO Act.   
  • The High Court of Kerela held this in the case of XX v. State of Kerela. 

What is the Background of XX v. State of Kerela Case? 

• The petitioner was accused of uttering obscene words and making a gesture with his tongue with sexual intent to the victim who was in the courtyard of her house. 
• The accused was charged with offences under Section 294 (b) and Section 509 of the Indian Penal Code, 1860 (IPC) and Section 11 (i) of Protection of Children from Sexual Offences Act, 2012 (POCSO Act). 

What were the Court’s Observations? 

• The Court held that offence under Section 294 (b) of IPC would be made out only if the act is done in any public place or near any public. 
• In the present case the words were uttered in the courtyard of the victim’s house and hence offence under Section 294 (b) of IPC is not made out. 
• On the allegation under Section 509 of IPC the Court said that on examining the sentence it cannot be said that it was done with sexual intent or to outrage the modesty of the victim. 
• On the allegation under Section 11(i) of POCSO Act the Court held that the prosecution has not disclosed what the gesture was and hence the Court was unable to examine whether it was done with sexual intent or to outrage the modesty or privacy of the victim.  
•  The Court observed that the provisions of POCSO Act are being misused by some ill motivated litigants. Therefore, the police officers and the courts should always be very vigilant, while addressing allegations to separate husk from the grist.  

 What is the POCSO Act? 

• About: 
  • The POCSO Act, enacted in 2012, stands as a landmark legislation aimed at safeguarding children from sexual abuse and exploitation. 
  • It addresses the vulnerability of children and aims to ensure their safety and well-being. 
  • It was enacted in consonance of the Convention on the Rights of the Child, adopted by the General Assembly of the United Nations which was acceded by the Government of India on the 11th December, 1992. 
• Preamble: 
  • It is an act to protect children from offences of sexual assault, sexual harassment and pornography. 
    • And provide for the establishment of Special Courts for trial of such offences and for matters connected therewith or incidental thereto. 
• Major Dates: 
  • Its enactment date is 19th June 2012 whereas the POSCO was enforced on 14th November 2012. 
• POCSO Amendment Act, 2019: 
  • POCSO was later amended by POCSO Amendment Act, 2019 which came into force on 16th August, 2019. 
  • The POCSO Amendment Act, 2019 introduced stringent penalties, inserted clause (da) in Sub-section (1) of Section 2 of POCSO defining child pornography. 
  • It also inserted penetrative sexual harassment with on a child below sixteen years of age under Section 4 of the POCSO Act.  
• Bail in POCSO: 

What are Offences Under the POCSO Act?