No Muslim Personal Law immunity from POSCO ACT cases for doing Sexual intercourse with Minor wife: Delhi High Court
Personal Law cannot overide the Protection guranted under POCSO and BNS
Udaipur Times News, Delhi, 26 September 2026 - The Delhi High Court on Saturday held that a a marriage recognised under Muslim Personal Law does confer a man entering into such a marriage immunity from criminal prosecution for having sexual incourse with his wife aging under 18 years.
Justice Sanjeev Narula ruled that cannot override the protection under the Protection of Children from Sexual Offences Act (POCSO) and BNS.
The Court made an observation while refusing to quash a case registered against a man under section 64 (1) of BNS and Section 6 of POCSO ACT. Legal News
It was stated that the man got married to the woman when her was 16 years and 3 months while he was 28 year old, they lived together after that and she becomes pregnant. It was when they took her to a government hospital that the doctors found her to be a minor.
The couple however argued that under Muslim Personal Law a Muslim Girl that had attained the age of Puberty was competent to get marriage and the sexual relationship made by the couple is could not attract a criminal lability.
The Court by drewing a distinction between the civil validity of a marriage and the consequences of sexual intercourse with a minor. Court Verdict
The Court held that tough the marriage is assumed to be valid under Muslim Personal Law but it could not that could not create an exception to POCSO and BNS both.
Therefore the court dismissed the plea to quash the complaint and also to take disciplinary action against the police and also compensation .
