Marriage no shield against POCSO: Sex with minor wife is a criminal offence, rules Kerala HC
The court said a husband cannot invoke Muslim marriage to avoid prosecution when the wife is under 18, citing POCSO’s overriding effect.
- On Monday, the Kerala High Court ruled that sexual intercourse with a minor wife is a punishable offense under the Protection of Children from Sexual Offences Act, regardless of personal or religious laws.
- A 27-year-old man sought to quash criminal proceedings, arguing his marriage to a 17-year-old girl under Islamic rites exempted him from liability under Exception 2 to Section 375 of the Indian Penal Code.
- Citing the Supreme Court's 2017 ruling in Independent Thought v. Union of India, the court noted the POCSO Act defines a child as anyone below 18 years and has overriding effect over conflicting personal laws.
- Dismissing the petition, Justice Jobin Sebastian held that marital status provides no defense under the POCSO Act when one party is a minor, as sexual intercourse with a child remains a grave offense.
- Legislative intent behind the POCSO Act is to completely criminalize physical relationships with minors, reinforcing that personal marriage contracts cannot strip a child of statutory protections under India's child protection framework.
18 Articles
18 Articles
Kerala HC ruling on child safety: Kissing a minor’s private parts can amount to penetrative sexual assault under POCSO; 3 things all parents should know
The Kerala High Court has made a significant clarification regarding penetrative sexual assault under the POCSO Act. It now categorizes kissing a child's penis with sexual intent as a serious crime, maintaining a 20-year prison sentence for the convicted individual. This judgment underscores the law's expansive interpretation and fortifies the legal safeguards for children against sexual abuse.
Final report filed in the death of 18-month-old child in Nedumangad, Kerala High Court informed
Court seeks to establish strict protocols connecting law enforcement, health-care institutions and child welfare officers to secure a mandatory reporting framework for suspected child abuse
<p style="text-align: justify;"><span style="background-color: #fbeeb8; color: #000000;"><em><strong>Warning: (Before reading this news, we warn you that it mentions sexual abuse of children. The Kerala High Court has upheld the conviction of a 61-year-old man under the POCSO Act.)</strong></em></span></p> <p style="text-align: justify;">The Kerala High Court has stated in its order that kissing a child's private parts will be considered <strong…
Marriage under Muslim Personal Law no shield against POCSO: Kerala HC refuses to quash case Involving 17-year-old wife
The Kerala High Court has held that even if a marriage with a minor girl is assumed to be valid under Muslim personal law, it cannot override the Protection of Children from Sexual Offences Act, 2012. The ruling came in a petition filed by the first accused in Crime No. 461 of 2022 of Mannarkkad Police Station. He sought quashing of proceedings for offences including kidnapping, repeated rape and aggravated penetrative sexual assault under the I…
Kissing Child's Pen*s Constitutes Penetrative S*xual Assault: Kerala High Court | 📰 LatestLY
The Kerala High Court ruled that kissing a child's pen*s with s*xual intent constitutes penetrative s*xual assault under Section 3(d) of the POCSO Act, clarifying that deep oral penetration is not required. The court upheld a 61-year-old man's 20-year prison sentence. Scroll below to know more about the case. 📰 Kissing Child's Pen*s Constitutes Penetrative S*xual Assault: Kerala High Court.
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