Having Sexual Intercourse, Being Naked In Front Of Minor Amounts To Sexual Harassment U/S 11 Of POCSO Act: Kerala High Court

The Kerala High Court has ruled that having sexual intercourse and being naked in front of a minor amounts to sexual harassment under Section 11 of the POCSO Act, punishable under Section 12. The case involved a man who engaged in sexual intercourse with the child’s mother in a lodge room without locking the door, allowing the minor to witness the act. The court emphasized that exhibiting any part of the body with the intention of it being seen by a child constitutes sexual harassment. The court quashed charges under Sections 294, 341 of the IPC, and Section 75 of the Juvenile Justice Act but upheld charges under Sections 323 and 34 of the IPC, and Sections 11 and 12 of the POCSO Act. The ruling underscores the importance of protecting minors from exposure to sexual acts and reinforces the legal framework for addressing such offenses under the POCSO Act.