Personal Law Overridden by POCSO
Delhi High Court Rules Personal Law Cannot Shield Child Marriage From POCSO Prosecution
Anonymous
The Delhi High Court refused to quash a POCSO and Bharatiya Nyaya Sanhita case against a 28-year-old man who married a 16-year-old, ruling that recognition of the marriage under Muslim personal law cannot shield him from prosecution for sexual activity with a child. Justice Sanjeev Narula said personal law may govern marital status and related rights but cannot override criminal statutes that set 18 as the age below which a child’s consent has no legal effect. The court warned that allowing marriage to create an exception would undermine POCSO’s protections. The girl said the marriage was voluntary and supported the man’s bail plea; authorities learned her age after she sought medical care during pregnancy, which ended in a stillbirth.
Key Points
1
The petitioners sought not only to quash the FIR but also disciplinary action against police officials and compensation, alleging false implication and harassment.
2
The FIR was registered under Section 64(1) of the Bharatiya Nyaya Sanhita and Section 6 of POCSO; it followed a report from hospital authorities rather than a complaint by the girl.
3
After the child was stillborn, an order was obtained from the Sub-Divisional Magistrate for exhumation to enable DNA profiling and evidence collection.
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