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[POLITICS] · India · 2 sources

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Supreme Court quashes POCSO case against West Bengal teacher

The Supreme Court of India has quashed criminal proceedings against a schoolteacher in West Bengal who was charged under the Protection of Children from Sexual Offences (POCSO) Act. The court ruled that while the teacher’s actions—which included physically disciplining inattentive girl students by hitting them or touching their backs and waists—were inappropriate and insensitive, they did not constitute “aggravated sexual assault” under Section 10 of the Act because they lacked specific sexual intent.

A bench comprising Justice Ujjal Bhuyan and Justice Atul S. Chandurkar noted that an allegation of sexual assault against a teacher is “like a death knell,” potentially destroying a professional career and life even if the individual is eventually acquitted. The court set aside a previous order from the Calcutta High Court that had refused to quash the case, determining that continuing the prosecution would amount to an abuse of the legal process.

Entities

Calcutta High Court · Protection of Children from Sexual Offences Act · Supreme Court of India