The Delhi High Court rules that a Muslim marriage does not eliminate criminal liability under the Protection of Children from Sexual Offences (POCSO) law when sexual activity involves a minor. The court holds that an adult cannot avoid prosecution by relying on a marriage certificate that is recognised under personal law, where the girl is below 18.
In its reasoning, the court emphasizes that allowing such a defence would substantially weaken the POCSO framework designed to protect children. One outlet reports that the court also rejects attempts to contest the FIR by pointing to the girl’s claim of consent in the context of her marriage at age 16. Across accounts, the court reinforces that age-based safeguards under POCSO apply regardless of the existence of a personal-law marriage, and it upholds the applicability of the statutory protections for minors.
