Karnataka HC: POCSO Act Is Gender-Neutral, Woman Cannot Avoid Trial

The Karnataka High Court has refused to quash an FIR filed against a woman accused of sexually assaulting a 13-year-old boy, holding that the Protection of Children from Sexual Offences (POCSO) Act, 2012, is gender-neutral and applies to all offenders.

Background

A 52-year-old woman had approached the High Court seeking to cancel criminal proceedings initiated against her under the POCSO Act. The case was based on a complaint filed by the boy’s parents, who alleged that she had sexually assaulted their son in May 2020. The FIR was lodged in June 2024, four years later, after which police registered the case and filed a charge sheet.

The case drew attention as it involved a woman accused of penetrative sexual assault on a minor boy, challenging common perceptions of gender roles in sexual offences.

Court’s Key Observations

Justice M. Nagaprasanna dismissed the woman’s plea and made important observations:

• POCSO is Gender-Neutral: The Court clarified that the law is meant to protect all children, regardless of gender. Though some provisions use gendered terms, the overall purpose of the Act is inclusive. Sections 4 and 6, which deal with punishments for penetrative and aggravated penetrative sexual assault, apply equally to men and women.
  “The argument that a woman is only a passive participant while a man is active is archaic and must be rejected,” the judge stated.
• Delay in Filing FIR Not a Ground to Quash: The Court held that the four-year delay in lodging the complaint does not nullify the allegations, especially since the victim is a minor.
• Stereotypes Cannot Decide Cases: The defense had argued that it was psychologically impossible for a woman to commit such an act and pointed out that no potency test had been conducted. The Court firmly rejected these claims, stating that legal scrutiny cannot be based on stereotypes.
• Financial Disputes Irrelevant: The petitioner claimed that the case was fabricated due to money-related disputes. The Court ruled that financial disagreements cannot overshadow allegations of child sexual assault.

Protection of the Victim

Given the sensitive nature of the case, the High Court conducted in-camera proceedings to protect the privacy of the minor boy.

In conclusion, the Court held that the allegations prima facie met the requirements of Sections 4 and 6 of the POCSO Act and refused to quash the FIR, making it clear that women can also face trial under the Act.