Bombay HC: Holding a Minor’s Hand and Offering Money With Sexual Intent Amounts to Sexual Assault Under POCSO
06.12.2025 | Bombay High Court
Court clarifies that sexual intent—not physical intensity—is key to establishing sexual assault under the POCSO Act.
In a significant ruling aimed at strengthening protections for children, the Bombay High Court has held that an accused who holds the hand of a minor and offers money with sexual intent commits the offence of sexual assault under the Protection of Children from Sexual Offences (POCSO) Act. The judgment underscores that even minimal physical contact, when coupled with sexual intent, is enough to attract stringent provisions of the law.
The case reached the High Court after the accused challenged his conviction under Section 8 of the POCSO Act. According to the prosecution, the accused had approached a minor girl, held her hand, and offered her money while making an inappropriate proposal. Frightened, the girl immediately withdrew her hand and alerted her family members, following which a complaint was lodged.
The court examined witness statements, including the minor’s testimony, and concluded that the act was clearly driven by sexual intention. The defence argued that holding someone’s hand, by itself, should not automatically be considered sexual assault. However, the High Court rejected this reasoning, emphasising that the POCSO Act is designed to protect children from any form of sexualised behaviour, including seemingly minor acts that can cause psychological harm or be precursors to more serious offences.
Justice [Name Placeholder] noted that in matters involving minors, the Act gives paramount importance to the intent and context of the action. “Even slight physical contact, if done with a sexual purpose, comes within the definition of sexual assault under Section 7,” the court stated. The judge further explained that sexual offences against children often begin with gestures or interactions that appear harmless on the surface but are meant to exploit the child.
The court highlighted that the POCSO Act’s core purpose is child protection, not measuring the gravity of physical contact. Thus, the requirement is not the severity of touching, but the sexual intention behind it. Offering money to a minor while making inappropriate advances, the court held, is a clear indicator of such intent.
The ruling sends a strong message to society about boundaries and the safety of minors. Child rights activists have welcomed the decision, emphasising that predators often test a child’s vulnerability with small gestures and lure tactics. Recognising such actions legally helps prevent larger crimes.
Legal experts also point out that this judgment aligns with a growing line of judicial precedent that interprets the POCSO Act broadly in favour of children’s safety. By doing so, the courts ensure that loopholes or narrow interpretations do not allow offenders to escape accountability.
The Bombay High Court, while upholding the conviction, reiterated the importance of believing the testimony of minors, especially when consistent and corroborated by circumstances. The Court further advised lower courts and police to remain vigilant in such matters and ensure swift, child-sensitive investigation and prosecution.
The ruling is expected to influence future cases where the accused tries to downplay the physical act involved, despite evident sexual undertones. By affirming that even holding hands with sexual intent constitutes sexual assault, the High Court has reinforced the message that children must be protected from all forms of sexual misconduct — whether subtle or overt.
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