Marriage No Shield Against POCSO: Sex with Minor Wife Is a Criminal Offence, Rules Kerala HC

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…

POCSO applies to marriage with minor under Muslim law: HC

The Kerala High Court has dismissed a petition seeking to quash criminal proceedings against a man accused of repeatedly raping a 17-year-old girl. The court ruled that even if a marriage was solemnised under Muslim religious rites, it would not protect the accused from criminal liability under the POCSO Act, reinforcing that the Act applies when one party is a minor, irrespective of personal law.

Muslim marriage no shield from POCSO: Kerala HC refuses to cancel rape case

The Kerala High Court refused to quash proceedings against a man accused of raping a 17-year-old girl despite his claim that they were married under Muslim rites. It held that the POCSO Act and rape law apply to minors regardless of personal law or marital status.

Marriage no shield against POCSO: Sex with minor wife is a criminal offence, rules Kerala HC

The Kerala High Court on Monday ruled that sexual intercourse with a minor wife, under 18 years of age, is a punishable offense under the Protection of Children from Sexual Offences (POCSO) Act, regardless of personal or religious laws.

Kerala High Court rules POCSO act prevails over Muslim personal law in minor marriage cases

The court reportedly said that sexual intercourse with a girl below 18 would constitute aggravated penetrative sexual assault punishable under Section 6 of the POCSO Act, apart from attracting the offence of rape under Section 376 of the IPC.

Muslim man liable under POCSO for sex with minor wife: Kerala HC

A Kerala High Court ruled that a Muslim man cannot escape POCSO Act liability for intercourse with his wife under 18, as the Act overrides other laws.POCSO Act, Kerala High Court, child marriage, criminal liability, sexual offences, minor wife, marital rape exception, IPC sections, Muslim marriage, protection of children, underage marriage, legal age of consent, criminal proceedings, Kochi court ruling, offences against minors