- The Delhi High Court has ruled that criminal proceedings can be initiated against a woman for committing “penetrative sexual assault” on a child, emphasizing that the offence under the POCSO Act is not restricted to men.
- The POCSO Act is gender-neutral and applies to all perpetrators, regardless of gender.
- The court further noted that the term “person” in Section 3 of the POCSO Act should not be interpreted as referring only to males, and the word “he” should be understood to include offenders of any gender.
- Section 3 defines penetrative sexual assault as an act of penetration of any body part or object into the child’s body, or causing the child to penetrate.
| Protection of Children from Sexual Offences (POCSO) Act, 2012 • Section 2(d): Defines a child as any person below the age of 18 years. • Section 14: Punishment for Use of Child for Pornographic Purposes • Section 28: Mandates the establishment of Special Courts. |
Dig Deeper: Read about the United Nations Convention on the Rights of the Child.
