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Karnataka High Court Affirms Gender-Neutral POCSO, Allows Case Against Woman to Proceed

The court found prima facie grounds under POCSO provisions on penetrative sexual assault to continue proceedings in a 2020 Bengaluru case involving a 13-year-old.

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The Karnataka high court on Monday dismissed a petition filed by a 52-year-old woman seeking to quash a sexual assault complaint filed against her under the Protection of Children from Sexual Offences (POCSO) Act, by the parents of a minor boy. (Shutterstock)

Overview

  • Justice M. Nagaprasanna dismissed the woman’s bid to quash the FIR, citing sufficient material for trial following a Bengaluru Police chargesheet.
  • The judgment reads the POCSO Act as gender-neutral, holding that penetrative sexual assault under Sections 4 and 6 can be alleged against any person, with pronouns interpreted inclusively via IPC definitions.
  • The court rejected arguments about a four-year delay, the lack of a potency test, and claims that women are only passive participants, calling such notions archaic.
  • Case records state the alleged assaults occurred in May–June 2020 at the accused’s Bengaluru residence when the boy was about 13, with disclosure to a therapist in Dubai in 2024 and a complaint filed at HAL police station that June.
  • The order cites published data indicating more boys than girls report child sexual abuse, reinforcing that legal scrutiny cannot be guided by gender stereotypes.