Delhi High Court ruled marriage does not shield adults from POCSO prosecution; the Act criminalises sexual activity with anyone under 18, regardless of consent.

The Delhi High Court ruled that marriage does not shield an adult from prosecution under the Protection of Children from Sexual Offences (POCSO) Act.

Legal background

The POCSO Act, enacted in 2012, criminalises sexual activity with any person below 18 years of age, regardless of consent. It was designed to close gaps in earlier statutes that treated minors as "below the age of consent" rather than as victims of a distinct offence.

Court's reasoning

In a written order, the bench said the framework would be "substantially weakened" if an adult could answer a prosecution by producing a marriage certificate recognised under personal law. The court noted that personal‑law marriages are governed by religious statutes, not by the uniform civil code that underpins POCSO.

"A marriage certificate cannot override the statutory protection afforded to children," the judgment read. The court emphasized that the Act creates a strict liability regime that does not depend on the victim's consent or marital status.

Implications for personal law

The decision signals that courts will not permit personal‑law marriages to be used as a defence in cases involving minors. Legal experts said the ruling could prompt legislators to clarify the interaction between personal law and child‑protection statutes.

Advocates for child rights welcomed the judgment, arguing that it reinforces the principle that minors cannot be married off to evade criminal liability. They warned that any dilution of POCSO could embolden perpetrators.

Next steps

The bench directed lower courts to apply the same standard in pending cases. It also invited the government to review existing marriage registration procedures to ensure they do not conflict with POCSO provisions.

Lawyers for the petitioner, who challenged a lower‑court ruling that had accepted a marriage certificate as proof of consent, said the high‑court verdict restores the primacy of child‑protection law.

Further hearings are scheduled for next month to examine whether any legislative amendments are needed to harmonise personal law with the POCSO framework.