Engaging in sexual activities or displaying nudity in front of children will fall under category of sexual abuse: High Court

KOCHI: The Kerala High Court has ruled that engaging in sexual activities or displaying nudity in front of children falls under the category of sexual abuse and is a criminal offence. The court stated that such acts would be considered criminal activities as per the provisions of the POCSO Act. The court made the ruling in a case where a man assaulted a minor boy who questioned him for engaging in sex with his mother. The court ordered that the accused should face trial under the POCSO and IPC sections.

The accused engaged in a physical relationship with the child's mother without locking the room at the lodge, and the child witnessed the scene upon opening the door. Following this, the accused assaulted the child. In his petition, the accused argued that invoking sections of POCSO, IPC, and Juvenile Justice Act in this case was unwarranted. However, Justice A Badaruddin pointed out that exposing one's naked body in front of a child amounts to sexual harassment. The petitioner engaged in sexual relations in the nude and failed to close the door, allowing the child to enter the room and witness the act. The court observed that this incident invokes sections under the POCSO Act. Additionally, since the child was physically harmed, criminal sections for assault will also apply. Meanwhile, the court dropped the sections charged under the Juvenile Justice Act and other laws related to obscene talk in public places.