“Kerala High Court Rules Sending Messages Without Sexual Intent Does Not Constitute POCSO Harassment.”
October 1, 2024 2025-03-01 23:09“Kerala High Court Rules Sending Messages Without Sexual Intent Does Not Constitute POCSO Harassment.”
“Kerala High Court Rules Sending Messages Without Sexual Intent Does Not Constitute POCSO Harassment.”
By Tanishka Shah
The Kerala High Court quashed the criminal proceedings against a 24-year-old man accused of harassing a 17-year-old girl through calls and messages, ruling that such actions, without evidence of “sexual intent,” do not fulfill the criteria for sexual harassment under the Protection of Children from Sexual Offences (POCSO) Act.
The case stemmed from allegations that Praveen Prakash had repeatedly contacted the minor through calls and messages, causing her distress. The petitioner faced charges under Section 354D of the IPC (stalking) and Sections 8, 12, and 18 of the POCSO Act. However, the petitioner’s counsel argued that the prosecution lacked substantial evidence, including the content of the alleged messages, to substantiate the charges. Additionally, an affidavit filed by the victim indicated that the matter had been resolved and no further action was sought.
The Court emphasized that Section 11(iv) of the POCSO Act explicitly requires “sexual intent” for an act to qualify as sexual harassment. The court noted that mere messaging or calling, without such intent, does not meet the threshold defined under Section 12 of the Act, which provides the penalty for sexual harassment. Reviewing the First Information Report (FIR) and other prosecution records, the court found no evidence indicating repeated or consistent contact with the minor motivated by sexual intent.
The High Court also acknowledged that settlements cannot independently serve as the basis for quashing cases under the POCSO Act. Instead, the decision to quash the FIR, final report, and subsequent proceedings was based on a lack of prima facie evidence demonstrating sexual intent in the accused’s actions.
This ruling underscores the importance of establishing clear evidence of sexual intent in cases involving allegations under the POCSO Act, ensuring that the Act’s stringent provisions are applied only in relevant circumstances.
Case Title: X v. State of Kerala
Citation: CRL.MC No. 5035 of 2023
