Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 18 September 2016
Hello panelists
Can anyone provide me with case laws pertaining to the fact wherein it has been held that the provisions of the POCSO act do not apply to cases where the accused and the victim have indulged in intercourse after getting married. Basically husband cannot be booked for POCSO if the victim happens to be his wife.
Augustine Chatterjee
Advocate & Solicitor at Law
9999931153
P. Venu (Advocate) 19 September 2016
How is it that the wife is a child!
Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 19 September 2016
Pawan S (Advocate) 19 September 2016
Will marriage disentitle a girl from being protected from s*xual offences?
This case definitely falls under the ambit of POCSO Act.
A husband/wife can be prosecuted for engaging in a s*xual act with his/her spouse under the age of eighteen years. The Act does not recognize consensual s*xual acts among children or between a child and an adult.
Pawan S (Advocate) 19 September 2016
https://indiankanoon.org/doc/179256384/
Take a look of this case. Hopes, this helps from a defense perspective.
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