News Karnataka
Sunday, February 05 2023
Bengaluru

Bengaluru: POCSO Act will prevail over Mohammedan law

Karnataka High Court
Photo Credit : IANS

Bengaluru: The Karnataka High Court has held that the Protection of Children from Sexual Offences (POCSO) and IPC Acts are substantive and prevail over personal laws.

A bench headed by Justice Rajendra Badamikar made the observation recently while looking into the bail petition of a 19-year-old rape-accused from Chikkamagaluru.

The accused had lured a 16-year-old girl to a lodge and committed forcible sexual assault.

Setting aside arguments that the Mohammedan law specifies normal puberty age as 15 years and it is considered the age of marriage also, the bench stated that POCSO and IPC acts are supreme and overrides personal laws.

It was also argued that since the accused is a Muslim, there is no jurisdiction of the POCSO act against him.

The bench remarked that under the guise of personal law, the petitioner can’t be granted bail.

The court rejected the bail even as a chargesheet was submitted in the case by saying that there is a chance of tampering with evidence.

In another case, the same bench set aside the arguments seeking bail under the Mohammedan law, and granted bail to the accused on humanitarian grounds.

The man was booked under POCSO Act after his 17-year-old wife was found to be pregnant. The husband’s counsel argued that since he had got married under the Mohammedan law, the POCSO charges against him should be dropped.

Though the bench disapproved of the argument, granted him bail considering the fact that the pregnant minor girl could be taken care by the accused husband.

Share this:
MANY DROPS MAKE AN OCEAN
Support NewsKarnataka's quality independent journalism with a small contribution.

How useful was this post?

Click on a star to rate it!

Average rating 0 / 5. Vote count: 0

No votes so far! Be the first to rate this post.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Leave a Reply

Your email address will not be published. Required fields are marked *

Rohan City Corp
Rohan City Corp

Find the best odds at 10Cric and IPL Betting 2023! Signup today and get up to a 100% deposit bonus.

To get the latest news on WhatsApp