Context: The gaps in Protection of Children from Sexual Offences (POCSO) Act were evident from the Bombay High Court's recent judgment in Satish Ragde v. the State of Maharashtra.
Background to the case: The Bench acquitted a man found guilty of assault because he groped his victim over her clothes and there was no skintoskin contact between them. (no provisions under POCSO).
Reasons for the enactment of POCSO Act in 2012: To protect Children (below 18) from sexual assault
Improvements made in POCSO in comparison to Indian Penal Code (IPC)
Conclusion: In the absence of any specific provision in the POCSO which requires skin-to-skin touch as a mandatory element of an offence, any interpretation which dilutes protection must be declared ultra vires.