WOMEN CAN ALSO BE CHARGED FOR PENETRATIVE SEXUAL ASSAULT UNDER THE POCSO ACT,RULED BY DELHI HIGH COURT

by | Aug 12, 2024

Headline

The Delhi High Court ruled that under POCSO Act the Use of “He” Includes All Genders.

Summary

The Delhi High Court ruled that the word  “he” used in the Protection of Children from Sexual Offences (POCSO) Act is not only restricted to male but includes all genders.This ruling of Delhi High Court confirms that any gender can be charged for penetrative sexual assault under the POSCO Act.

Key Facts

  • Case Title: Sundari Gautam v State of NCT of Delhi
  • Name of Judge – Anup Jairam Bhambhani 
  • The word “he” under Section 3 of the POCSO Act should not be taken only for males.
  • A woman challenged charges under Section 6 of the POCSO Act, saying that only men could be liable for this crime,after this the ruling of the court came.

Legal Insights

The Delhi High Court said that the POCSO Act using the term “he” must be read as “person,” to ensure that regardless of any gender of a criminal,law must protect the children from sexual offences.The ruling of the Delhi High Court also covers the insertion of any object, not just a penis, by the interpretation of the definition in broader context.

Impact

The Delhi High Court expands the accountability under the POCSO Act,that anyone, regardless of gender, can be held liable for sexual offenses happening against children.

Why It Matters

This Delhi High Court decision is important as it broadens the interpretation of laws intended to protect vulnerable children, ensuring that justice is provided without any gender discrimination.

 

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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