Having sex in the presence of a minor is punishable under the POCSO Act: Kerala High Court

That’s why Justice A Badharudeen refused to quash the case under the POCSO Act against a Fisal Khan (accused/petitioner) who had allegedly had sex with a woman in the presence of the woman’s child.

The Court notes that the petitioner and the child’s mother allegedly had sex in the presence of the minor without locking the room, exposing parts of their bodies for the minor to see.

This would constitute the offense of sexual harassment under Article 11(i) (any act intended to sexually exploit or abuse a child by means of words, gestures or exposure of the body), read in conjunction with Section 12 (punishment for sexual harassment of a child) of the POCSO Act.

“In this case, the allegation is that the suspects had sexual intercourse after being naked even without locking the room and allowed the minor to enter the room so that the minor could see the same. Thus, prima facie, the allegation in respect of commission of an offense punishable under Section 11(i) read with Section 12 of the POCSO Act is leveled against the petitioner in this case:“, the order said.