Pocso - which section Pocso - which section

2 years ago

Person is pushing male organ towards female organ without consent. It gets touched and hitted. Both were wearing clothes. It comes under which section of pocso

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,

Go to the Police they will fix any of the following sections or under the provisions of Pocso Act if so advised by medical officer.
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Dear Sir,
Please visit the following link
https://devgan.in/ipc/section/354/#:~:text=Whoever%20assaults%20or%20uses%20criminal,shall%20also%20be%20liable%20to
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S. 354. Assault or criminal force to woman with intent to outrage her modesty.
Offence is NOT listed under Compoundable Offences.
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S. 354 A. Sexual harassment and punishment for sexual harassment
Offence is NOT listed under Compoundable Offences.
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S. 354 B. Assault or use of criminal force to woman with intent to disrobe
Offence is NOT listed under Compoundable Offences
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S. 354 C. Voyeurism
Offence is NOT listed under Compoundable Offences
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S. 354 D. Stalking
Offence is NOT listed under Compoundable Offences
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All above offences cannot be compromised as such the alternative remedy available is to approach Hon'ble Court under Section 482 of Cr.P.C or get the victim turn hostile before the Hon'ble Trial Court during the Trial.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Dear Client,

Touching sexual parts of a child's body or any act involving physical contact with 'sexual intent' amounts to 'sexual assault' under Section 7 of the POCSO Act as the most important ingredient is sexual intent and not skin-to-skin contact.

Hope this clarifies your doubt and requirement.

Thank You.
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Vidhi Samaadhaan Vidhi Samaadhaan

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