Muslim marriage cannot override POCSO law: Delhi High Court

The Delhi High Court has held that a marriage recognised under Muslim personal law cannot confer immunity from prosecution under the Protection of Children from Sexual Offences (POCSO) Act when the wife was below 18 at the time of sexual intercourse.

Justice Sanjeev Narula, in a judgment delivered on September 23, 2026 dismissed a petition seeking quashing of a First Information Report (FIR) registered against a man for rape under the Bharatiya Nyaya Sanhita (BNS) and the POCSO Act, holding that “personal law may determine whether a marriage has been contracted”, but cannot create an exception to a criminal law where Parliament has provided none.

“A marriage may have consequences for status, maintenance, legitimacy, residence and rights between the parties. It does not necessarily immunise conduct that a secular penal statute independently prohibits,” the judge said.