Muslim girl who has attained puberty protected under POCSO Act: Delhi High Court

The Delhi High Court on Wednesday rejected a Muslim man’s contention that he cannot be booked under the Prevention of Children from Sexual Offences (POCSO) Act as the victim (girl) with whom he allegedly has sexual relations had reached puberty and was thus a major under Muslim Personal Law.

Justice Jasmeet Singh held that POCSO Act is 'not a customary law specific' and the Act aims to protect children below 18 years from sexual abuse and exploitation.

The object of the POCSO Act states that the Act is aimed to secure the tender age of the children and ensure they are not abused and their childhood and youth are protected against exploitation, the Court emphasized.

Court was hearing a petition by a Muslim man namely, Imran seeking the quashing of a First Information Report (FIR) registered under Section 376 (rape), 377 (unnatural offenses), 506 (criminal intimidation), and 406 (criminal breach of trust) of Indian Penal Code (IPC) read with Section 6 of the POCSO Act.

As per the FIR, the accused Imran had gone to the girl’s house aged 16 years and months on January 1, 2022, and requested her parents for marriage. The parents had agreed on the condition that the marriage would take place only after the girl completed her class XII exams.

It was also stated that the girl’s parents gave Imran several gifts and Rs. 1 Lakh cash on their engagement. It is further alleged in the FIR that Imran had a physical relationship with the girl on January 1, 2022, and January 3, 2022, thereafter the girl refused to marry him.

Counsel appearing for Imran submitted that the provisions of Section 6 of the POCSO Act do not apply to the present case, as according to Muslim Personal Law, the victim is a major and has attained puberty.

On Contrary, Counsel for State argued that Section 6 of the POCSO Act is not religiously specific, but rather age-specific and the POCSO Act aims to protect children from sexual crimes. It is the victim's age that is important, and in this case, the victim was under the age of 18.

After hearing both sides, Court rejected the contention of the petitioner that under Muslim law, once the victim reaches puberty, the rigors of the POCSO Act are no longer applicable.

Accordingly, the petition was dismissed.

Case Title: Imran v. State of Delhi through Commissioner of Delhi Police & Ors.