Archive · 3 Sep 2026
Kerala High Court Says POCSO Applies to Minor Marriage
The Kerala High Court considered a case involving a 17-year-old girl and a man accused of sexually assaulting her.
The man said they were married under Muslim religious customs.
The court said marriage does not remove protections given to children under the POCSO Act.
Under that law, anyone younger than 18 is considered a child.
The court also referred to a Supreme Court decision about sexual intercourse with a girl below 18.
It said the man could still be prosecuted even if the girl was his wife.
The court did not decide whether the allegations were true.
Instead, it said those questions must be settled in a full trial.
The case is continuing in a special court in Pattambi.
The Kerala High Court ruled that marriage to a minor does not shield an accused from prosecution under the POCSO Act.
The court said sexual intercourse with a girl below 18 can constitute rape even if she is the accused’s wife.
The ruling applies regardless of whether the alleged marriage is valid under personal law, including Muslim religious law.
Justice Jobin Sebastian refused to quash proceedings against a man accused of repeatedly sexually assaulting a 17-year-old girl.
The case remains pending before the Fast Track Special Court in Pattambi, where the allegations will be examined at trial.
- Who
- The Kerala High Court, Justice Jobin Sebastian, the accused man, and a 17-year-old girl.
- What
- The court refused to quash criminal proceedings and held that POCSO applies to sexual offences involving a minor even when the accused claims a marriage under personal law.
- When
- The order was issued on August 19; the alleged acts were said to have occurred between October 23 and 26, 2021.
- Where
- The order was issued by the Kerala High Court; the case is pending before the Fast Track Special Court, Pattambi, after being registered at Mannarkkad Police Station.
- Why
- The court held that the POCSO Act protects anyone below 18 and overrides inconsistent provisions of other laws.
Prosecution and Child-Protection Position
Accused’s Defense
Effect of the alleged marriage
Prosecution and Child-Protection Position
The prosecution argued that sexual activity with a person below 18 is covered by the POCSO Act regardless of an alleged marriage.
Accused’s Defense
The accused argued that the girl was his legally wedded wife and that the marriage was conducted under Muslim religious rites.
Whether proceedings should continue
Prosecution and Child-Protection Position
The prosecution maintained that the allegations disclosed offences and should be tested at trial.
Accused’s Defense
The accused sought to quash the final report and further proceedings, relying on the marital exception in Section 375 of the IPC.
Validity of the marriage
Prosecution and Child-Protection Position
The prosecution and court noted that the alleged marriage’s validity does not prevent application of POCSO when one party is a minor.
Accused’s Defense
The accused relied on the claimed marriage, although the court said whether a valid marriage occurred must be determined at trial and noted the absence of documentary proof.
- Court
- Kerala High Court
- Relevant law
- Protection of Children from Sexual Offences Act
- Child’s age
- 17 years; the accused’s counsel said she was 17 years and one month old at the alleged marriage
- Accused’s argument
- The girl was his legally wedded wife following Muslim religious rites, so the proceedings should be quashed
- Court’s decision
- The petition to quash the proceedings was dismissed
- Legal provisions cited
- POCSO Sections 2(1)(d) and 42A, IPC Sections 375 and 376, and BNSS Section 528
- Case status
- Pending before the Fast Track Special Court, Pattambi
