Muslim Marriage Cannot Override POCSO Law: Delhi HC

The Hindu · india

The Delhi High Court has ruled that a marriage under Muslim personal law does not exempt individuals from prosecution under the POCSO Act if the wife is under 18. Justice Sanjeev Narula dismissed a petition seeking to quash an FIR, stating that personal laws cannot override secular criminal statutes. The court emphasized that POCSO clearly defines a child as anyone below 18, and consent from a minor does not negate the offense of sexual assault. The Bharatiya Nyaya Sanhita also upholds this threshold, removing marital exceptions for underage wives.