Delhi High Court
New Delhi: The Delhi High Court has directed a man to face trial under the Protection of Children from Sexual Offences (POCSO) Act for having sexual relations with his minor wife, ruling that personal laws cannot be invoked to claim exemption from criminal liability under penal statutes.
In his judgment of September 23 released on Saturday, September 26, Justice Sanjeev Narula refused to quash a criminal case against a man under Section 64(1) (rape) of the BNS and Section 6 (aggravated penetrative sexual assault) of the POCSO Act.
The police registered an FIR this year when the woman was around eight months pregnant, and her age came to light during a visit to a government hospital.
The couple had approached the High Court seeking to quash the case, saying they had married when the woman was 16 years and three months old, while the man was 28.
The marriage was voluntary and had taken place with the consent of both families, they said. The woman supported her husband’s bail plea and wanted him to be present during her pregnancy.
Citing Muslim personal law, they said a Muslim girl who has attained puberty can marry and that, since their marriage was valid under that law, their sexual relationship could not attract criminal prosecution.
But the High Court rejected the argument and said, “Marriage does not advance a child’s age. A person who is sixteen before the ceremony remains sixteen afterwards.”
The POCSO Act defines a child as a person below 18 years of age and criminalises penetrative sexual assault against a child, irrespective of consent, it said.
It also referred to Section 63 of the BNS, which treats sexual intercourse with a woman below 18 as rape. The court noted that the marital exception applies only when the wife is 18 or above.
This post was last modified on September 26, 2026 7:20 pm