'Marriage doesn't advance age': HC rejects Muslim personal law defence in POCSO case
The Delhi High Court ruled that Muslim personal law regarding puberty does not override the statutory age of consent under the POCSO Act. The court denied a request to quash a case against a 28-year-old man who married a 16-year-old girl.
Why it matters
Clarifies the legal hierarchy between religious personal laws and national child protection statutes in India.
NEW DELHI: The Delhi High Court has refused to quash a POCSO case against a man who married a 16-year-old girl, holding that a marriage claimed to be valid under Muslim personal law cannot shield an adult from prosecution for sexual intercourse with a wife below 18.Justice Sanjeev Narula said the statutory age of 18 under the Protection of Children from Sexual Offences (POCSO) Act and the Bharatiya Nyaya Sanhita (BNS) cannot be replaced by the concept of puberty under personal law. “Put simply, marriage does not advance a child’s age. A person who is sixteen before the ceremony remains sixteen afterwards," he said, as quoted by ANI.The court was dealing with a petition filed by Bilal and another seeking quashing of FIR No. 189/2026 registered at Darya Ganj Police Station under Section 64(1) of the BNS and Section 6 of the POCSO Act.
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