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Pocso overrides personal laws: Karnataka HC denies bail to man accused of rape
The POCSO Act and the IPC are substantive acts and prevail over personal laws, the Karnataka high court noted in a recent judgment while denying bail to a Muslim man in a rape case.
The Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code (IPC) are substantive acts and prevail over personal laws, the Karnataka high court noted in a recent judgment while denying bail to a Muslim man in a rape case.
A single judge bench of Justice Rajendra Badamikar made the observations on October 28 while hearing the bail petition of a 19-year-old man from Chikmagalur who has been accused of forcibly taking a 16-year-old Muslim girl to a hotel in Mysuru and raping her twice.
The man was later charged under the POCSO Act and provisions of IPC for the purported sexual assault.
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Appearing before the bench, the accused’s lawyer argued that “the age of puberty is required to be taken note of as parties are Mohammedans.”
Under the Muslim law, the puberty age is 15 years. This is also considered as the age for marriage by the community.
The bench, however, rejected the argument and said the POCSO and IPC acts are supreme and override personal laws.
“But it is to be noted here that the POCSO Act and IPC are substantiated acts and they prevail over personal law and under the guise of personal law, the petitioner cannot seek regular bail,” the bench remarked.
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“There is prima-facie material evidence against the petitioner and medical evidence further discloses there is a sexual relationship,” it added, as it refused to grant bail to the petitioner.
This is a second such observation against personal laws made by the high court.
Earlier, a bench of Justice Rajendra Badamikar noted that the marriage of a Muslim minor girl, even if allowed under the religion’s personal law, is invalid as it violates provisions of POCSO Act.
