Can Muslim Personal Law Protect Husband From POCSO Case Over Minor Wife? Delhi High Court Answers

The Delhi High Court has ruled that a marriage claimed to be valid under Muslim personal law cannot shield a man from criminal prosecution under the Protection of Children from S*xual Offences (POCSO) Act and the Bharatiya Nyaya Sanhita (BNS) if his wife was below 18 years of age at the time of the alleged offence.

Justice Sanjeev Narula made the observation while refusing to quash a criminal case registered against a man under Section 64(1) of the BNS and Section 6 of the POCSO Act.

What Did The Delhi High Court Rule?

The Court held that personal law cannot override statutory protections provided to children under the POCSO Act and the BNS. It clarified that even if a marriage is assumed to be valid under Muslim personal law, that status does not create an exception from criminal liability for s*xual intercourse with a wife below 18.

The case involved a man who was 28 years old when he married a woman aged 16 years and three months, reported Bar & Bench. The couple subsequently lived together and the woman became pregnant. Her age came to light when she visited a government hospital during her pregnancy. Muslim Man Having S*x With Minor Wife Liable Under POCSO Act: Kerala High Court.

Can Consent Of A Minor Wife Override POCSO?

The High Court rejected the argument that the woman's consent could take the case outside the scope of the POCSO Act.

Under POCSO, a child is defined as a person below 18 years of age and penetrative s*xual assault against a child is criminalised irrespective of consent.

The Court also referred to Section 63 of the BNS, which treats s*xual intercourse with a woman below 18 as rape. The marital exception under the provision applies only where the wife is not under 18. Madras High Court Appoints Hindu Couple As Legal Guardians of Muslim Child; Here’s Why.

What Did The Court Say About Muslim Personal Law?

The petitioners argued that under Muslim personal law, a Muslim girl who has attained puberty is competent to marry and that a valid marriage should mean that the subsequent s*xual relationship cannot attract criminal liability.

The High Court distinguished the civil validity of a marriage from the criminal consequences of s*xual intercourse with a minor.

The Court observed that marriage does not change a child's age. Therefore, a person who was 16 before marriage remains 16 after the marriage for the purposes of POCSO and the BNS.

Why Did Delhi High Court Refuse To Quash FIR?

The Court dismissed the plea seeking quashing of the FIR and also rejected the prayers seeking disciplinary action against the police and compensation.

The woman had maintained that the marriage was voluntary and took place with the consent of both families. She had also supported the man's bail plea and sought his presence during her pregnancy.

However, the High Court held that these circumstances could not override the statutory protections applicable to a child under the POCSO Act.

What Have Other High Courts Ruled?

The Delhi High Court's latest ruling follows a similar view taken by the Kerala High Court earlier this year, which held that the validity of a marriage with a minor under Muslim personal law does not provide a defence against prosecution under POCSO.

However, the Delhi High Court itself had taken a contrary view in 2022. Another Bench had held that, in the context of a Muslim marriage, physical interc*urse between a minor girl and her husband after marriage may not attract POCSO.

The Punjab and Haryana High Court also ruled in 2022 that under Muslim personal law, a Muslim girl above 15 could enter into a marriage contract with a person of her choice. That judgment, however, did not specifically address the applicability of POCSO in such cases.

What Is The Significance Of The Latest Ruling?

The judgment reinforces the distinction between personal-law questions concerning the validity of marriage and criminal liability under laws enacted to protect children. The Delhi High Court has made clear that a claimed marriage under Muslim personal law cannot by itself create an exemption from POCSO or the BNS where the wife was below 18 at the relevant time.

(The above story first appeared on LatestLY on Sep 26, 2026 06:36 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).