Friday, February 19, 2021

Google's definition of not including bum as 'private part' may not be acceptable in Indian context: Mumbai Court convicts man under POCSO

The definition of "private part" has to be interpreted as per the social context, a Special Court dealing with cases pertaining to the Protection of Children from Sexual Offences (POCSO) Act said convicting a person for committing sexual assault under Sections 354, 354A of the Indian Penal Code and Section 10 of the POCSO Act. (State of Maharashtra v. Sahar Ali Shaikh)

The designated POCSO judge MA Baraliya had to consider whether the act of "touching the bums" of the victim by the accused would constitute an offence under Section 7 of the POCSO Act.

Clarifying that “the term private part is to be interpreted into the context what is meant by it in our society,” the Court held that Google’s definition of not including bum in private part may not be an acceptable interpretation as far as Indians are concerned.

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