India's SC puts hold on Bombay High Court order saying 'No Sex Assault' in minor groping
The Bombay High Court gave the controversial order on January 19
The Supreme Court of India has put a hold on the Bombay High Court order that said groping of a minor was "not sexual assault since no skin-to-skin contact".
Attorney General KK Venugopal said the order would set a dangerous precedent, NDTV reported.
The Bombay High Court gave the controversial order on January 19.
Groping a minor's breast without "skin to skin contact" cannot be termed as sexual assault as defined under the Protection of Children from Sexual Offences (POCSO) Act, the High Court said.
Justice Pushpa Ganediwala said there must be "skin to skin contact with sexual intent" for an act to be considered sexual assault. Mere groping would not be defined as sexual assault, the judge said.
The judge was ruling on the order of a lower court that had sentenced a 39-year-old man to three years in jail for sexually.