📷 Image: Wikimedia Commons / Avrajyoti Mitra
Crime
Delhi HC rules Muslim marriage cannot shield sex with minor wife under POCSO
✍️ India Today
🗓 27 Sep 2026, 05:33 PM
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The Delhi High Court held that a marriage under Muslim personal law does not provide a defence against prosecution under the Protection of Children from Sexual Offences (POCSO) Act for sexual intercourse with a minor wife.
The Delhi High Court delivered a landmark judgment clarifying that a marriage solemnised under Muslim personal law cannot be invoked as a shield against prosecution under the Protection of Children from Sexual Offences (POCSO) Act when the spouse is a minor.
The bench emphasized that the POCSO Act is gender‑neutral and prioritises the protection of children over any personal law provisions. It reiterated that a minor, irrespective of marital status, cannot give consent to sexual activity.
By rejecting the argument that a Muslim marriage could exempt the accused from liability, the court set a precedent that will influence future cases where under‑age marriage is raised as a defence. The ruling underscores the supremacy of child‑protection statutes in India’s legal framework.
The bench emphasized that the POCSO Act is gender‑neutral and prioritises the protection of children over any personal law provisions. It reiterated that a minor, irrespective of marital status, cannot give consent to sexual activity.
By rejecting the argument that a Muslim marriage could exempt the accused from liability, the court set a precedent that will influence future cases where under‑age marriage is raised as a defence. The ruling underscores the supremacy of child‑protection statutes in India’s legal framework.