1. Karnataka HC said POCSO is gender-neutral, and women can also be prosecuted for offences under the law.
2. Rejecting the defence argument that aggravated sexual assault provisions under POCSO could not be invoked against a woman.
3. The court’s order paves the way for trial proceedings against the accused to continue.
The Karnataka High Court has held that the Protection of Children from Sexual Offences (POCSO) Act, 2012, is gender-neutral, and women can also be prosecuted for offences under the law.
Justice M. Nagaprasanna made the ruling on Monday while refusing to quash criminal proceedings against a 52-year-old woman accused of sexually assaulting a 13-year-old boy in Bengaluru in 2020.
According to the complaint, the accused, an artist and neighbour of the boy, came into contact with him through his mother, who had initially sent him to assist her in uploading paintings on Instagram. Between May and June 2020, she allegedly compelled the boy to engage in sexual acts at her residence.
The boy, distressed and fearful, did not disclose the incidents immediately. His family later moved to Dubai in August 2020, and he only revealed the alleged assaults in 2024 to a therapist. A complaint was subsequently lodged with HAL police by his mother in June 2024.
Rejecting the defence argument that aggravated sexual assault provisions under POCSO could not be invoked against a woman, the court clarified that Sections 4 and 6 of the Act make anyone compelling a child into penetrative or other sexual acts liable, regardless of gender.
Justice Nagaprasanna observed that while the Act refers to the pronoun “he,” it must be interpreted inclusively. “The language of the provision clearly indicates inclusivity,” the court said, holding that references to “he” should apply to “any person, whether male or female.”
The court’s order paves the way for trial proceedings against the accused to continue.
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