Muslim Man Having S*x With Minor Wife Liable Under POCSO Act: Kerala High Court

The Kerala High Court has ruled that a Muslim man engaging in s*xual intercourse with his wife who is under 18 years of age is liable for prosecution under the Protection of Children from S*xual Offences (POCSO) Act and for rape under the Indian Penal Code (IPC). The bench held that personal law or the performance of a marriage does not provide immunity or act as a defense under statutory child protection laws when a partner is a minor.

Background and Court Observations

The ruling came while the High Court was hearing a petition seeking to quash criminal proceedings against an accused man, reports Verdictum. The petitioner argued that the 17-year-old complainant was his legally wedded wife, asserting that they were married under Islamic rites and that the relationship was consensual. Kerala: Man Uploads Wife's Intimate Videos on P*rn Websites and Performs S*x Act in Front of Daughter; Arrested.

Rejecting the plea to dismiss the case at the preliminary stage, Justice Jobin Sebastian observed, "Even assuming for the sake of argument that a marriage was solemnized as per Muslim religious rites and ceremonies, the same will not salvage the petitioner's criminal liability, particularly since the girl was seventeen years old at the time of the alleged marriage and ..subsequent s*xual acts. Undisputedly, the provisions of the POCSO Act apply if one of the parties to the marriage is a minor, irrespective of the validity or otherwise of the marriage under personal law…"

Legal Precedent on Minor Spouses

The court relied on the Supreme Court's landmark ruling in Independent Thought v. Union of India, which examined the legal exceptions regarding marital rape and the age of consent. The bench reiterated that the age threshold for a wife under the exception to rape laws is 18 years.

The Court further noted, "In view of the law laid down by the Hon’ble Supreme Court in Independent Thought’s Case (cited supra), a person who engages in s*xual intercourse with a girl below the age of eighteen years is liable to be prosecuted for the offence of rape under Section 376 IPC, even if the victim is his wife and is between fifteen and eighteen years of age. Therefore, in the case at hand, the accused cannot escape prosecution with the aid of Exception 2 to Section 375 IPC." Wife-Swapping Demand, Intimate Video Leak, S*x Before Minor: Inside Shocking Kerala Case.

Rejection of Quashing Plea

The prosecution case stemmed from allegations that the accused had kidnapped the minor and subjected her to s*xual assault. While the defense maintained that a valid marriage existed, the High Court emphasized that determining the factual validity of a marriage is a matter for evidence during trial rather than a ground for quashing charges under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Reaffirming that the POCSO Act overrides inconsistent personal or customary laws under Section 42A, the Court dismissed the petition to quash the proceedings.

Women and Child Helpline Numbers:

Childline India – 1098; Missing Child and Women – 1094; Women’s Helpline – 181; National Commission for Women Helpline – 112; National Commission for Women Helpline Against Violence – 7827170170; Police Women and Senior Citizen Helpline – 1091/1291.

(The above story first appeared on LatestLY on Aug 31, 2026 08:48 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).