Kerala HC: Medical Exams with Parental Consent Not Offence Under POCSO

In a recent ruling, the Kerala High Court said that medical exams done with parental consent don’t fall under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The observation came while dismissing a case against an 80-year-old child specialist who was accused of inappropriate behavior during a check-up conducted in the presence of the child’s family.

What Was the Case About

The case dates back to April 2025, when a Class 10 student filed a complaint against the senior doctor, accusing him of inappropriate physical touch under the pretext of a medical exam.

The first consultation happened on April 11 in the presence of the girl’s mother, and the second on April 17 with her elder sister present in the room. During both visits, the minor had approached the clinic with complaints of chest and abdominal pain.

The allegations were that the doctor touched her chest and navel area during the examination. A First Information Report (FIR) was filed under charges of sexual harassment under the Indian Penal Code (IPC), and aggravated sexual assault under the POCSO Act.

The doctor denied the charges, claiming he followed standard clinical procedures and that the exams were done in the presence of her family members. He also pointed out that no objections were raised during or immediately after the consultations.

What Did the Court Say

Justice G Girish, who heard the matter, said it was hard to believe that such an act would take place in the close presence of the mother and sister. The judge also noted that the girl’s statement to the magistrate only casually mentioned that it felt like a “bad touch,” and there was no clear suggestion of sexual intent.

Citing Section 41 of the POCSO Act, the court clarified that Sections 3 to 13 of the Act do not apply in cases where the child’s parent or guardian consents to the medical examination. The court concluded that the petition to cancel the charges was justifiable.

Why It Matters

This ruling highlights how not all physical contact during medical exams automatically falls under POCSO, especially when done with consent and in the presence of family. The case also reflects the importance of intent, context, and procedure when assessing such allegations.

(Input From Various Sources)

(Rehash/Pooja Bansal/MSM)