Karnataka High Court: 'POCSO Act Is Gender Neutral' Refuses To Quash FIR Against Woman Booked For Sexually Assaulting 13 Year Old Boy

Bengaluru: On Monday, the Karnataka High Court reaffirmed the gender neutrality by dismissing a plea of a 52-year-old woman wanting to quash FIRs alleging sexual assault of a 13-year-old boy.

The complaint, registered under Sections 4 and 6 of the POCSO Act, accused the petitioner of penetrative sexual assault, and the Karnataka High Court made it clear that these provisions apply equally to both men and women.

What is the Verdict? 

Justice M. Nagaprasanna said, “The POSCO Act, being a progressive enactment, is intended to safeguard the sanctity of childhood; it is rooted in gender neutrality, with its beneficent object being the protection of children, irrespective of sex. The act is thus gender neutral.” underscored that the POCSO Act is progressive and inclusive, designed to protect children irrespective of the gender of the offender.

As per the report, the Karnataka High Court noted that while some sections use gender-specific pronouns, the spirit, preamble, and objectives of the POSCO Act support gender neutrality, making sections 4 and 6 equally applicable to female offenders. Adding further clarity, the court addressed the scenario of a woman allegedly manipulating a minor boy to penetrate her, ruling it falls under Section 3—penetrative sexual assault. This interpretation points out that such conduct, "making the child do so with her,” is explicitly captured under POCSO’s act.

Also, rejecting the notion that women can only occupy a passive, victimized role in sexual offenses, the Karnataka High Court termed such views “archaic” and firmly affirmed that women, too, can be perpetrators under the POSCO Act. Moreover, the court held that a delay of several years in filing the FIR cannot automatically lead to quashing of the case, especially when a minor is involved.

What is the POSCO Act?

The POCSO Act, also known as the Protection of Children from Sexual Offences Act, 2012, is an important law in India designed to protect children from various forms of sexual abuse and exploitation. The primary goals of the Act include safeguarding children from sexual assault, harassment, and pornography, as well as establishing Special Courts for trials and implementing child-friendly procedures for reporting and investigation. Anyone under the age of 18, irrespective of gender, will be considered a child. 

Hence, this verdict from the Karnataka High Court reinforces the primary goal of POCSO, which is to protect children no matter the case.

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