Pocso Act ‘gender neutral', women also subject to its provisions: Karnataka HC

Indian Express

a day ago

The Karnataka High Court has observed that women would also be subject to the provisions of the Protection of Children from Sexual Offences (Pocso) Act, noting that the law was 'gender neutral'.
Justice M Nagaprasanna made the remark on Monday in a case where a 52-year-old woman residing in Bengaluru is alleged to have sexually assaulted a boy aged 13.
The court ruled, 'The Act, being a progressive enactment, is intended to safeguard the sanctity of childhood. It is rooted in gender neutrality with its beneficent object being the protection of all children, irrespective of sex. The Act is thus gender neutral.'
In this case, the boy's family was acquainted with the accused, who was a neighbour and an artist who also offered lessons to children. The family had moved to Dubai for four years in August 2020. Alerted by a change in the minor's behaviour while the family was abroad, his mother came to know that he had been sexually assaulted at the accused's residence on multiple occasions between February and June 2020.
A complaint in this regard was filed by the victim's family in 2024 and the accused had approached the high court to quash the criminal proceedings.
The counsel for the accused woman argued that if there was substance in the allegation, the complaint should not have been made after four years. Among other arguments, the counsel stated that sections 4 and 6 (penetrative sexual assault) of the Pocso Act could not be applied against a woman.
While examining the arguments, the court observed that the Pocso Act, read with the definitions in the Indian Penal Code (IPC), would be gender neutral, and the word 'he' would not refer only to a male perpetrator. Supporting this, the bench cited a Delhi High Court observation of 2024.
The court held that the clauses of Pocso Act were 'not confined to physical act alone, but extend to any person who induces, coerces or facilitates such an act regardless of their gender…'
'The statute is comprehensive, designed to encompass acts committed by any person, male or female. The gender of the perpetrator is immaterial. What matters is the act and the involvement of the child,' it said. The bench pointed out that the relevant conditions were met in the present case.
It also said that a delay in reporting cases of sexual assault and filing a complaint would not by itself be a reason to quash the case at this stage.
Rejecting the petition of the accused to quash the case, the bench concluded, 'The submission that in an intercourse, the woman is only a passive participant and a man is an active participant is noted only to be emphatically rejected, as the thought itself is archaic. The jurisprudence of the present times embraces the livid realities of victims and does not allow stereotypes to cloud legal scrutiny.'