Kerala HC: Having Sex in Front of a Minor Is Crime Under POCSO

The Kerala High Court has ruled that engaging in sexual activity or being naked in front of minors is considered a punishable crime under the Protection of Children from Sexual Offences (POCSO) Act. 

This decision was made in response to a man's request to dismiss the charges against him for multiple offenses under the Indian Penal Code, POCSO Act, and the Juvenile Justice Act.

The Case:

A man allegedly had sex with the mother in front of her child. It reported that the man sent the 16-year-old boy away to buy things and on his return, he saw them involved in sexual intercourse. When he questioned about it, the man reportedly beat the boy.

Following the incident, legal action was taken against the man and the child's mother under various sections of the Indian Penal Code, the Juvenile Justice Act (JJ Act), and the Protection of Children from Sexual Offences (POCSO) Act. The man involved then approached the High Court to quash the proceedings against him.

High Court Decision:

In this case, the court noted that the petitioner and the child’s mother allegedly engaged in sexual activity in front of the minor without locking the room, thereby exposing parts of their bodies with the intention for it to be seen by the minor.

In the end, the Kerala High Court directed that the man should face trial for the offenses under the POCSO Act and sections 323 and 34 of the IPC.