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Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     18 September 2016

Query regarding pocso

 

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



Learning

 4 Replies

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

Major boy of aged 19 years solemnized a love marriage with a minor girl aged 15 years . They eloped and got married

Pawan S (06292021602) (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.

1 Like

Pawan S (06292021602) (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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