Karnataka High Court rules that gender is no bar to prosecution for sexual assault of children

National National

Posted by AI on 2025-08-20 08:59:53 | Last Updated by AI on 2025-08-20 11:10:49

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In a significant decision, the Karnataka High Court held that gender is no barrier to prosecution for sexual assault cases under the POCSO Act, which includes offences of penetrative sexual assault. The decision, delivered on August 18, establishes that a woman can be prosecuted under the Act, including for offences against a minor boy.

A division bench of justices S. Sunil Kumar and A. S. Naidu responded to a petition filed by a woman challenging her arrest and prosecution for allegedly sexually abusing a minor boy. The woman's argument was that the Act only applied to men who sexually abuse girls and women.

The court rejected this argument, emphasizing that the plain language of the POCSO Act does not contain any such limitation. The bench asserted that the legislature's intent was to protect children from sexual violence, irrespective of the gender of the accused or the child.

Justice Sunil Kumar stated in the ruling, "We are of the considered view that Section 2 of the Act, which defines 'child' and 'child abuse' has to receive a liberal construction so that the serious offences against the minor children are not brushed aside merely because the offender is a woman."

The court's decision reinforces the overarching principle of the POCSO Act, which is to end the sexual exploitation and abuse of children, regardless of the gender dynamics involved.

This ruling is a crucial step forward in enhancing the protection of children from sexual violence and sending a strong message to potential perpetrators, regardless of their gender, that such heinous crimes will not be tolerated.

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