Awareness From Sexual Assault .

769 votes

two minors (14+ boy and girl) watch adult content together without any physical contact, generally POCSO offences relating to sexual assault do not apply because there is no sexual act or touch. However: Circulating, possessing, or sharing pornographic content involving children is an offence. If the content involves children (child pornography), then it is punishable. Mere viewing of adult pornography by minors may not directly attract POCSO sexual assault sections, but other IT Act provisions could apply depending on facts.

Advocate Madhvi Chopra LawRato

925 votes

Hello in this situation if the victim is minor, age less than 18 years then the act of pocso will be applicable the offence stated by you are in serious category and the police is bound to register to register FIR in this offense

Advocate Rahul Kumar Singh LawRato

623 votes

So far as the first situation is concerned, if both the boy and the girl are below 18 years of age and they merely watch pornographic or sexually explicit videos together, without any physical contact, the act may still attract legal consequences depending on the facts. Viewing porn per se is not an offence under POCSO if there is no involvement of a child in the content and no coercion, recording, circulation or inducement. However, if the content involves children (child sexual abuse material), mere viewing, possession or access itself is an offence under Section 15 of POCSO, irrespective of consent. If an FIR is lodged, the police will examine whether the content was child pornography and whether the act had a sexual intent involving a child. Consent between minors does not automatically protect them if the act falls within the statutory offences. Regarding the second situation, if a boy above 14 years touches the private parts, lower back, buttocks or any body part of a girl below 18 years with sexual intent, it squarely falls within “sexual assault” under Section 7 read with Section 8 of the POCSO Act. Intention is the key factor. Even if the girl allegedly consented, such consent has no legal value under POCSO. If the touch is accidental, incidental or unintentional and without sexual intent, it may not constitute an offence, but this is a matter of evidence and interpretation by the investigating agency and the court. The burden often shifts heavily against the accused in POCSO cases. In summary, under POCSO, any sexually coloured behaviour, sexual touch, or involvement of minors in sexually explicit material is treated very seriously. Consent, mutual willingness, or the age being “14+” does not dilute criminal liability if the act falls within the statutory definition. Each case ultimately depends on facts, intent, evidence, and the nature of the material or act involved, but caution is essential because POCSO has stringent provisions and severe consequences.

Advocate Yuganshu Sharma LawRato

580 votes

Sir, ladki ne statements me kya bola h usse pata chalega kya dhara lagegi. Aap call kar sakte h aage jan ne ke liye. Section 11 and 12 of POCSO Act lagega. Ladka 14 saal ka h to use Juvenile justice act me cover kara jayega.

Advocate Pragati Srivastava LawRato