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Karnataka High Court Says POCSO Is Gender-Neutral, Declines to Quash Case Against Woman Accused of Assaulting Minor

The judge emphasized the law's child‑centric purpose, finding prima facie material for trial.

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Karnataka High Court | Image: File
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

  • On Monday, Justice M. Nagaprasanna dismissed the woman's plea to quash the FIR, holding there is sufficient material to proceed under the POCSO Act.
  • The court clarified that penetrative and aggravated penetrative sexual assault under Sections 4 and 6 can be alleged against women, reading the statute inclusively despite male pronouns in some clauses.
  • Arguments citing a four‑year reporting delay, absence of a potency test, or claims that women are only passive in sexual acts were rejected as inadequate grounds to end prosecution.
  • The Bengaluru police have filed a chargesheet, and the boy’s statements were recorded by a magistrate and a child protection officer; the case now moves toward trial.
  • According to the complaint, assaults were alleged in May–June 2020 when the boy was about 13, the family relocated to Dubai that August, disclosure occurred in 2024 to a therapist, and the HAL police received the complaint in June 2024.