The Delhi High Court has ordered a 28-year-old male to be tried under the Protection of Children from Sexual Offences (POCSO) Act as he allegedly had sexual intercourse with his minor bride.
The court dismissed the pleas of the couple that sought dismissal of the criminal proceedings initiated against them. They had contended that the marriage was legally sanctioned under the Muslim personal law and that they had entered into it willingly. The judgment was pronounced by Justice Sanjeev Narula on September 23.
The matter came to light when the girl, who was married off at the age of 16 years to the man, approached a government hospital in 2026 when she was about eight months pregnant. She must have been around the same age when her pregnancy was detected while she was treated at the facility.
Couple Claimed Marriage Was Valid Under Muslim Law
According to the petition, the woman and the man had married with the consent of their families. The woman also told the court that she had not been forced into the marriage or subjected to a non-consensual sexual relationship.
The couple argued that the woman had attained puberty before the marriage. They claimed this made her competent to marry under Muslim personal law. The man was 28 at the time of the marriage, while the woman was 16. However, the High Court said personal laws cannot create an exemption from criminal liability under laws enacted by Parliament.
‘A Marriage Does Not Advance a Child’s Age’
The court made it clear that the legal age of the girl remained central to the case.
“A marriage claimed to be valid under Muslim personal law cannot, by reason of that status alone, confer immunity from POCSO or the BNS for sexual intercourse with a wife who was below eighteen at the relevant time,” the court said. It further observed, “A marriage does not advance a child’s age. A person who is sixteen before the ceremony remains sixteen afterwards.”
The court said POCSO sets 18 as the threshold for sexual consent. The Bharatiya Nyaya Sanhita (BNS), 2023, also follows the same age threshold and does not provide a marital exception when the wife is below 18.
Court Says ‘Puberty’ Cannot Replace Legal Age
The High Court also referred to the Prohibition of Child Marriage Act, 2006, which defines a female below 18 as a child.
“The Court cannot therefore substitute ‘puberty’ for the age of eighteen fixed by POCSO and the BNS,” it said.
The court refused to quash the FIR, warning that allowing marriage under personal law to override POCSO could weaken the protection offered to children.
“The statutory protection would then depend not upon the age of the child, but upon whether a marriage had been arranged before the sexual relationship was discovered. That would turn the legislation on its head,” the court held.
The man faces charges under the BNS and Section 6 of the POCSO Act. The High Court’s decision means the criminal proceedings will continue.
Sudeep Singh Rawat is a Copy Editor at NewsX Digital with over five years of experience in digital journalism. He covers national and international news, with a focus on politics, crime, technology, public affairs, and trending topics. Before joining NewsX Digital, he worked with Business Standard, The Sunday Guardian, and other digital media organisations. His reporting focuses on breaking news, enterprise stories, and explainers that inform readers through accurate, balanced, and context-driven journalism.
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