Ut Res Magis Valeat Quam Pereat

Posted on by Rudrajyoti Nath Ray

The act of ‘touching’ sexual part of body or any other act involving ‘physical contact’, if done with ‘sexual intent’, would amount to ‘sexual assault’ within meaning of Section 7 of The Protection of Children from Sexual Offences Act, 2012. Restricting interpretation of words ‘touch’ or ‘physical contact’ to ‘skin to skin contact’ would not only be narrow and pedantic but also absurd. As per rules of construction, construction of a rule should give effect rather than destroy.

– Hon’ble Justice Bela M. Trivedi, Attorney General for India v. Satish, [Criminal Appeal No. 1410 of 2021].  

Court recollects its decision in Eera v. Govt. of NCT of Delhi, (2017) 15 SCC 133. I concur with reasons and conclusions recorded by Justice Bela M. Trivedi.

– Hon’ble Justice S. Ravindra Bhat, Attorney General for India v. Satish, [Criminal Appeal No. 1410 of 2021].

'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.