Muslim Personal Law Cannot Override POCSO in Child Marriage Cases: HC
What Happened
The Kerala High Court refused to quash a POCSO case against a man accused of sexually assaulting his 17-year-old wife, ruling that sexual relations with a girl below 18 attract POCSO and rape charges regardless of marital status. The court said Muslim personal law cannot shield an accused from criminal liability when the wife is a minor.
Key Takeaways
The court held that the POCSO Act prevails over personal laws, and any sexual act involving a person under 18 can be prosecuted under POCSO. Even if a marriage was validly performed under religious customs, it does not exempt the accused from prosecution.