The Kerala High Court has ruled that minors can face charges under the Protection of Children from Sexual Offences Act (POCSO).
KERALA: On Tuesday (12th March): The Kerala High Court ruled that individuals of any gender and age can face accusations under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The decision came as the court declined to dismiss the case against a minor, clarifying that minors are not tried in regular criminal courts but under the Juvenile Justice Act.
“Penetrative sexual assault and ‘sexual assault and its aggravated forms are defined in Sections 3, 5, 7 and 9 of the POCSO Act. A reading of those definitions and the corresponding penal provisions indicate that any person irrespective of gender and age can be a person accused of such offences, of course, subject to the general exceptions in the IPC observed.
Justice PG Ajithkumar addressed penetrative sexual assault and related offenses outlined in Sections 3, 5, 7, and 9 of the POCSO Act. These provisions allow for accusations against anyone, regardless of age or gender, though exceptions stated in the Indian Penal Code (IPC) apply.
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The petitioner, aged 13, faces charges under IPC Sections 342 and 377, as well as POCSO Act Sections 3(c) (in conjunction with Section 4) and Section 5(m) (in conjunction with Section 6).
The petitioner’s counsel argued against prosecution under the Indian Penal Code or the POCSO Act, citing the petitioner’s status as a child, suggesting a lack of criminal intent. Consequently, they sought the quashing of the investigation.
However, the prosecution contended that the petitioner could be considered an offender under the POCSO Act.
CASE TITLE: Suhaib @ Kulappi Kaka vs. State of Kerla
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