POCSO: Kerala HC delivers key ruling
The ruling came while the high court dismissed an appeal filed by a man convicted under the POCSO Act and upheld his 20-year prison sentence. Justice A Badharudeen dealt with the interpretation of Section 3(d) of the Act, which defines penetrative sexual assault. 28 Jul 2026 | 16:26
The Kerala High Court has held that kissing a child’s penis, when done with sexual intent, amounts to penetrative sexual assault under the Protection of Children from Sexual Offences (POCSO) Act.
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The case concerned a 14-and-a-half-year-old boy. The trial court had convicted him under the POCSO Act and sentenced him to 20 years in prison. The high court held that Section 3(d) does not require oral sex or deeper penetration for an act to fall within the definition of penetrative sexual assault. Section 3 deals with penetrative sexual assault and includes acts involving penetration into a child’s vagina, mouth, urethra or anus, among other forms of penetration specified under the provision.
The court therefore rejected the challenge to the conviction and upheld the sentence imposed on the accused.
The accused had kissed the boy’s penis on two occasions, according to the case records. It observed that the statutory provision covers the application of the mouth to a child’s sexual organ when carried out with the requisite sexual intent. The POCSO Act provides a specific legal framework for offences involving children. The Kerala High Court’s ruling focused on the scope of the provision and whether the act in question could constitute penetrative sexual assault even without conventional sexual intercourse or deeper penetration. The court answered the question in the affirmative. The judgment reinforces that the nature of the act has to be assessed in the context of the statutory definition under POCSO, rather than limiting penetrative sexual assault to conventional forms of sexual intercourse. The ruling comes amid a series of judgments in which courts have examined the scope of protections provided to children under the POCSO Act. Looking for trusted parenting advice? Follow TOI Parenting Circle on Instagram for expert guidance, relatable stories, and practical tips delivered every day.
The accused subsequently challenged the conviction before the high court. In an earlier ruling this year, the Kerala High Court had also held that the absence of vaginal injuries or an intact hymen does not, by itself, rule out penetrative sexual assault under the law.