Delhi High Court Says Penetrative Sexual Assault Under POCSO Act Can Be Invoked Against Women Too

The Delhi High Court recently said that the offence of "penetrative sexual assault" and "aggravated penetrative sexual assault" under the Protection of Children from Sexual Offences (POCSO) Act can be made out against both men and women. In an order passed on August 9, the high court bench of Justice Anup Jairam Bhambhani said that on a conjoint reading of the POCSO provisions, the word "he" appearing in Section 3 of the POCSO Act cannot be given a restrictive meaning to say it refers only to a male. The court said that it must be given its intended meaning and it includes within its ambit any offender irrespective of their gender. "Giving due regard to the fact that the Legislature enacted the POCSO Act in order to provide protection to children from sexual offences – regardless of whether an offence is committed upon a child by a man or a woman – the court must not interpret any provision of the statute that derogates from the legislative intent and purpose," the court added.ourt said. Justice Bhambhani made the observations while hearing a plea filed by a woman named Sundari Gautam who challenged the trial court order framing charges under Section 6 (punishment for aggravated penetrative sexual assault) of the POCSO Act against her. Delhi High Court Grants Anticipatory Bail to Tutor in Rape Case.

'Court Must Not Interpret Any Provision of the Statute'

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