Delhi HC: Personal Law Does Not Exempt Child Marriage From Criminal Prosecution
· India · Hindustan Times, Times of India
The Delhi High Court has ruled that marriage under personal law does not grant immunity from criminal liability under the POCSO Act or the Bharatiya Nyaya Sanhita. The case involved a 28-year-old man and his 16-year-old wife, who were prosecuted after the wife was admitted to a government hospital while eight months pregnant. Justice Sanjeev Narula held that while personal laws may govern civil aspects like maintenance and legitimacy, they cannot override statutory protections for children. The court emphasized that the legal threshold for sexual consent remains 18 years, regardless of marital status or claims of validity under religious law. Consequently, the man must face trial for rape under section 63 of the BNS and section 6 of the POCSO Act.
Why it matters
This ruling clarifies that statutory protections for minors under secular penal laws take precedence over personal laws, ensuring that child marriage cannot be used as a legal defense for sexual acts with minors.
Read the original report — Hindustan Times
Join us on Telegram
Breaking news the moment it lands. At 10,000 members we ship the Android app.