Archive · 30 Sep 2025
Bombay HC: Marriage to Minor Doesn't Nullify POCSO Charges
The Bombay High Court decided a man cannot avoid rape charges because he married a minor and had a child.
The court said that under the POCSO Act, a minor's agreement to the relationship doesn't matter.
The accused and his family tried to stop the case, but the court denied their request.
The victim was under 18 when the marriage happened, which is against the law.
The court prioritized protecting children and stated the case would continue due to the illegal nature of the marriage.
Bombay High Court refused to quash a rape case against a man.
The man married a minor, and they now have a child.
Court stated that consent is irrelevant under the POCSO Act.
The accused was 27 when he married the 17-year-old girl.
The FIR was filed by Akola police.
- Who
- Bombay High Court
- What
- Refused to quash a rape case under POCSO Act, despite marriage and consent.
- When
- September 26
- Where
- Nagpur bench of Bombay High Court
- Why
- To protect children from sexual offenses.
- Court
- Bombay High Court (Nagpur Bench)
- Accused
- 29-year-old man and family members
- Charges
- Bharatiya Nyaya Sanhita, POCSO Act, Child Marriage Act
- Victim Age at Marriage
- 17
- Marriage Status
- Performed as per Muslim rites
- Child Birth
- Victim gave birth to a child
- Ruling
- FIR against the accused will not be quashed
