Marriage No Shield Against POCSO: Sex with Minor Wife Is a Criminal Offence, Rules Kerala HC
The court said a claimed Muslim marriage does not bar prosecution because the girl was 17, and the POCSO Act overrides personal law in child sex cases.
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9 Articles
POCSO applies to marriage with minor under Muslim law: HC
The Kerala High Court has dismissed a petition seeking to quash criminal proceedings against a man accused of repeatedly raping a 17-year-old girl. The court ruled that even if a marriage was solemnised under Muslim religious rites, it would not protect the accused from criminal liability under the POCSO Act, reinforcing that the Act applies when one party is a minor, irrespective of personal law.
Muslim marriage no shield from POCSO: Kerala HC refuses to cancel rape case
The Kerala High Court refused to quash proceedings against a man accused of raping a 17-year-old girl despite his claim that they were married under Muslim rites. It held that the POCSO Act and rape law apply to minors regardless of personal law or marital status.
Marriage no shield against POCSO: Sex with minor wife is a criminal offence, rules Kerala HC
The Kerala High Court on Monday ruled that sexual intercourse with a minor wife, under 18 years of age, is a punishable offense under the Protection of Children from Sexual Offences (POCSO) Act, regardless of personal or religious laws.
Kerala High Court rules POCSO act prevails over Muslim personal law in minor marriage cases
The court reportedly said that sexual intercourse with a girl below 18 would constitute aggravated penetrative sexual assault punishable under Section 6 of the POCSO Act, apart from attracting the offence of rape under Section 376 of the IPC.
Muslim man liable under POCSO for sex with minor wife: Kerala HC
A Kerala High Court ruled that a Muslim man cannot escape POCSO Act liability for intercourse with his wife under 18, as the Act overrides other laws.POCSO Act, Kerala High Court, child marriage, criminal liability, sexual offences, minor wife, marital rape exception, IPC sections, Muslim marriage, protection of children, underage marriage, legal age of consent, criminal proceedings, Kochi court ruling, offences against minors
Any matter involving the safety of children is extremely serious, especially when a crime such as sexual abuse of a minor is involved. In such cases, the law places the child's age and safety at the highest priority. The Kerala High Court, in a similar case, took a firm stance and made it clear […]
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