Satish Vs. State Of Maharashtra (2020) And Libnus Vs. State Of Maharashtra (2021): Critical Analysis

Satish Vs. State Of Maharashtra (2020) And Libnus Vs. State Of Maharashtra (2021): Critical Analysis With Reference To Pocso Act

Revati Tandon, Jagran Lakecity University

ABSTRACT

Sexual assault is an act in which one with intentions sexually touches the other person without that person’s consent or will or physically forces a person against their will to enter into sexual act. Sexual violence includes child sexual abuse, fondling or unwanted sexual touching, rape, groping or torture of the person in a sexual manner. This research paper focuses on comprehensive analysis on whether skin to skin touch is necessary for the offence of sexual assault to be made out under the Protection of Children from Sexual Offences (POCSO) Act in corporation with the Supreme Court which set aside the controversial judgment which opens up an interesting debate as to what constitutes ‘physical contact ’for the purpose of attracting an offence defined under section 7 of the POCSO Act of the Bombay High Court and also the court clarifies further that a mere physical contact could be given the color of sexual harassment if it has an undertone of sexual nature or sexual purpose so as to summarize the most important ingredient of sexual assault is presence of sexual intent , not skin to skin contact. Is ‘direct skin to skin touch is a sine qua non an essential ingredient to complete the act of physical contact’? Or is contact of the body of the victim by the perpetrator directly or indirectly, with or without clothes, enough? This paper also describes sections of POCSO act which mentions ingredients of sexual assault.