Archive · 21 Nov 2025
Delhi HC Refuses to Quash POCSO Case Despite Marriage
A woman married as a minor wants her husband's POCSO case quashed, but the Delhi High Court refuses.
The court says consent doesn't matter in POCSO cases involving minors, and quashing the case could send the wrong message about child marriages.
The woman's parents and her husband's parents also face charges.
A woman, married as a minor, seeks to quash her husband's POCSO case
Delhi HC rules that consent is irrelevant in POCSO cases involving minors
Court refuses to legalize past conduct, citing POCSO's deterrent purpose
Parents of both parties also face charges under the Prohibition of Child Marriage Act
Court considers societal impact and potential messages sent by quashing the case
- Who
- A woman married as a minor, her husband, and their parents
- What
- Seeking to quash POCSO case and child marriage charges
- When
- Case heard in Delhi High Court in 2023, marriage occurred when the woman was around 16
- Where
- Delhi
- Why
- To deter early marriage and sexual exploitation of children
Victim's stance
Court's stance
Relationship
Victim's stance
Consensual
Court's stance
Irrelevant in POCSO cases involving minors
- Age of consent
- 18 years old
- Acts involved
- POCSO Act, Prohibition of Child Marriage Act
- Year of marriage
- Around 2023 (when the woman was around 16)
- Year of POCSO case
- 2023
- Child's birth
- January 2024
