Delhi HC Rules Women Can Be Charged Under POCSO for Penetrative Sexual Assault

GG News Bureau
New Delhi, 13th August. The Delhi High Court has clarified that the offence of “penetrative sexual assault” under the Protection of Children from Sexual Offences (POCSO) Act is not restricted to male offenders. Justice Anup Jairam Bhambhani emphasized that the act was designed to protect children from sexual offences, irrespective of the gender of the perpetrator.

In a recent judgment, the court addressed a plea from a female accused in a POCSO case who argued that, being a woman, she could not be charged with “penetrative sexual assault” or “aggravated penetrative sexual assault.” The accused contended that the use of the pronoun “he” in the provision suggested that only men could be held liable.

However, Justice Bhambhani disagreed, stating that the term “person” in Section 3 of the POCSO Act should not be interpreted to apply solely to males. The court asserted that the act’s intent was to protect children from sexual offences by any individual, regardless of their gender.

The court further noted that the pronoun “he” in the Indian Penal Code (IPC) is used generically to refer to any person, not exclusively to males. The judgment highlighted that the provisions of POCSO include various forms of penetration and should not be restricted to penetration by a penis.

The court upheld that the female petitioner could be charged with “aggravated penetrative sexual assault” and must stand trial for the offences as charged. The petition challenging the charges was dismissed.