Delhi High Court rejects Muslim personal law immunity in case over sex with underage wife

Bar and Bench reports that the Delhi High Court refused to quash a criminal case against a man under the Protection of Children from Sexual Offences (POCSO) Act and the Bharatiya Nyaya Sanhita (BNS). The couple argued that their marriage was valid under Muslim personal law and therefore shielded their sexual relationship from criminal liability. The wife maintained that the marriage was voluntary and that she had faced no force or coercion. The court held that even assuming the marriage was valid, it could not create an exemption for sex with a wife under 18; her consent did not take the case outside POCSO. The report also notes that another Delhi High Court bench took a contrary view in 2022, holding that sex after marriage in such cases may not attract POCSO.