• Mon. Nov 16th, 2026
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    Tag: Consent of Minor

    Delhi High CourtHigh Court

    Delhi High Court Refuses To Quash POCSO Case Against Husband; Says Later Marriage Cannot Supply Consent

    The Delhi High Court has dismissed Ankit Kumar Singh’s plea to quash an FIR and POCSO proceedings, holding that the victim’s present choice, their September 2025 marriage and their child cannot retrospectively supply legal consent to sexual intercourse during her minority, and leaving him free to approach the Supreme Court under Article 142.

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    Delhi High Court, which refused to quash a POCSO and BNS FIR against a man who married a 16-year-old girl, holding that personal law gives no defence
    Delhi High Court holds a marriage under personal law cannot confer immunity from POCSO and BNS for sex with a wife below 18
    Delhi High CourtHigh Court

    Delhi High Court Refuses To Quash POCSO FIR Over Marriage To Minor; Personal Law No Defence

    Justice Sanjeev Narula of the Delhi High Court has refused to quash an FIR under Section 64(1) of the BNS and Section 6 of POCSO against a man who married a 16-year-old girl, holding that a marriage recognised under Muslim personal law confers no immunity, since the age of eighteen under POCSO and the BNS cannot be replaced by puberty.

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