Personal Law Has No Immunity from POCSO Act: Delhi HC
The Delhi High Court 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 is below 18 at the time of sexual intercourse. Dismissing a petition seeking to quash an FIR, the court ruled that while personal law may determine marriage validity, it cannot create an exception to a criminal law enacted by Parliament.
Key Points
- The Delhi High Court ruled that personal law does not override the POCSO Act.
- Marriage under Muslim personal law does not grant immunity from criminal prosecution for statutory rape.
- The POCSO Act sets 18 as the age below which consent to sexual activity has no legal efficacy.
- Parliamentary criminal statutes supersede personal laws regarding criminal liability and age of consent.
Exam Facts
- Act involved: Protection of Children from Sexual Offences (POCSO) Act, Bharatiya Nyaya Sanhita (BNS)
- Key legal principle: Age of consent is fixed at 18 years regardless of personal law.
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