Shillong, May 27: Following the shocking incident in Umsohsun where a masked man was captured on CCTV lifting the skirt of a schoolgirl and allegedly clicking a photo, legal experts have weighed in on the serious charges the accused could face once arrested.

Advocate Barijanai Kharkongor, Special Public Prosecutor (POCSO) at the Ri Bhoi District Court, has laid out a detailed legal framework under the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Bharatiya Nyaya Sanhita (BNS), 2023, that would apply in this case.

“This act constitutes sexual assault under Section 7 of the POCSO Act, punishable under Section 8, with imprisonment ranging from three to five years, along with a fine,” said Kharkongor.

She added that if aggravating circumstances are established such as the victim being under 12, having special needs, or if the act was repeated or involved a person known to the child, the offence would fall under Section 9 (aggravated sexual assault), which carries a harsher sentence of five to seven years under Section 10.

Kharkongor further explained that the act of taking a photo of the child’s private area, combined with the sexual intent, brings the offence under Section 11 (sexual harassment), which is punishable with imprisonment up to three years, depending on the gravity of the act.

“The gesture itself is clearly unwelcoming and sexually motivated. Even if the intent behind the photograph is not fully known, it still constitutes harassment,” she said.

If it is later found that the photograph was taken for pornographic purposes, then Section 14 of POCSO, which deals with the use of a child for pornography, may also be invoked, carrying a much stiffer penalty.

In addition to the POCSO provisions, Kharkongor explained that the accused once arrested may also be charged under the Bharatiya Nyaya Sanhita (BNS), 2023:

• Section 74: Assault or use of criminal force with intent to outrage modesty
• Section 75: Sexual harassment involving physical contact or overt sexual acts
• Section 78: Stalking, if a pattern of following the victim is established
• Section 79: Use of obscene gestures or actions intended to insult a woman’s modesty

“I closely reviewed the video. The accused clearly scoped the area, ensuring no one was watching before committing the act. It appeared premeditated,” Kharkongor said.

She made a heartfelt appeal to the victim and other potential witnesses to come forward and support the investigation.

“This child was on her way to school—seeking an education when she was violated in this way. It’s heartbreaking. If this man isn’t caught, he may repeat this offence, possibly in a more dangerous form,” she said. “I urge children, parents and schools to speak up, report it, and help the police ensure justice.”

Kharkongor also referred to several landmark Supreme Court judgments that define and reinforce the legal interpretation of sexual harassment and assault:

• Medha Kotwal Lele & Ors. v. Union of India & Ors. – Reinforced the Vishaka Guidelines and duties of institutions and the state in addressing sexual harassment
• Mukesh & Anr. v. State for NCT of Delhi & Ors. – The Nirbhaya case, which redefined legal seriousness around sexual violence
• Seema Lepcha v. State of Sikkim & Ors. – Focused on victim sensitivity and institutional response
• Independent Thought v. Union of India – Addressed sexual consent and clarified legal protections for minors

“These judgments provide clear definitions of sexual assault, harassment, and outline the responsibilities of authorities to act swiftly. They should guide both the legal process and the public understanding of such crimes,” she added.

She also made a strong appeal to victims and witnesses to come forward, stressing the need for immediate cooperation with authorities. “If left unreported, perpetrators like this will only become bolder. We must act now to prevent such crimes from recurring—possibly in worse forms,” Kharkongor said.

Police have already registered a suo motu case under POCSO and launched a manhunt to trace the accused. Investigators are currently scanning CCTV footage and following leads.

Advocate Kharkongor has urged citizens to come forward and file FIRs when witnessing or experiencing acts of sexual misconduct, no matter how seemingly “small” the incident may appear. “People often think, ‘Oh, he just lifted her skirt and clicked a picture. Thank God nothing worse happened.’ But that mindset is dangerous,” she said, pointing out that “these are serious offences. They are the beginning of a pattern. If not stopped now, these perpetrators will feel encouraged to do something worse.”

She also highlighted that failure to report such incidents is not just irresponsible, it’s a punishable offence under Section 21 of the POCSO Act, which penalizes failure to report or record a case. “Why did the police have to take suo motu action in this case? Because no one came forward. Non-reporting itself is an offence. I don’t want innocent people to face legal consequences simply because they failed to report something serious,” she said.

She emphasized that laypersons are not required to investigate, they only need to file a report. “All it takes is coming forward, giving a statement. The rest will be handled by the police and the court. But silence only empowers the predator,” he said.

She stressed that even relatives of the offender must report such behaviour.

It may be noted that nearly five days have passed since the incident, yet the police have not made any arrests.

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