Delhi High Court rules personal law cannot shield adult from POCSO prosecution

In a September 23 ruling, the Delhi High Court, led by Justice Sanjeev Narula, ordered that a 28-year-old man stand trial under the Protection of Children from Sexual Offences (POCSO) Act and section 63 of the Bharatiya Nyaya Sanhita for sexual intercourse with his wife, who was 16 at the time of their marriage. The husband and wife had petitioned to quash the FIR, arguing that their union was valid under Muslim personal law and that the wife had attained puberty.

The court rejected this argument, stating that while personal law may determine civil aspects of marriage, it cannot exempt individuals from criminal statutes that set eighteen as the consent age. It cited the Prohibition of Child Marriage Act, 2006, which also classifies a girl under eighteen as a child. The FIR was filed after the wife, eight months pregnant, sought treatment at a government hospital, revealing her age. The judgment underscores that statutory protections for children supersede religious marriage provisions.