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Sandeep Gothriwal   02 April 2021

PHYSICAL TOUCH TO CHILD

In which section ( IPC or POCSO) can we charged a man for pinching on behind knee to a minor girl under influence of alcohol.


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 2 Replies

aditi srivastava   02 April 2021

respected sir,

Section 8 of the POSCO Act and section 354 of the IPC can be used to charge the man. Section 8 of the POSCO act deals with punishment of s*xual assault of a minor while section 7 of the act prescribes actions done with s*xual intent without penetration (or physical contact) Punishment of minimum three years is granted under section 8 of the said act. Section 42 of POSCO states that the accused is liable to punishment under which ever law has the punishment "greater in degree". Section 354 of the IPC focuses on the "intention" to outrage the modesty of the woman (modesty means the standard womanly behaviour) to which the punishment will not be less than one year and may extend to five years and shall also be liable to fine.

hope you find this helpful

regards

P. Venu (Advocate)     03 April 2021

What are the facts? What is the context?


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