Delhi High Court Rules that POCSO Act’s Penetrative Sexual Assault Provisions Apply to Both Genders
The Delhi High Court has clarified that under the Protection of Children from Sexual Offences (POCSO) Act, the terms “penetrative sexual assault” and “aggravated penetrative sexual assault” can be applied to offenders of any gender. This ruling, delivered by Justice Anup Jairam Bhambhani on August 9, addresses the scope of the Act’s provisions.
Justice Bhambhani emphasized that the pronoun ‘he’ in Section 3 of the POCSO Act should not be interpreted restrictively as referring solely to males. The Court noted that the POCSO Act is designed to protect children from sexual offences regardless of the gender of the offender, and thus, the legislation’s intent should guide its interpretation.
The Court underscored that the Act’s provisions cover various forms of penetration, including the insertion of objects or body parts, and not just the male organ. This interpretation aligns with the Act’s broad protective mandate, ensuring that all forms of penetrative assault on children are addressed, irrespective of the perpetrator’s gender.
The decision contrasts with Section 375 of the Indian Penal Code (IPC), which explicitly refers to a “man” in its definition of rape. In contrast, Section 3 of the POCSO Act uses the term “person,” thereby encompassing offenders of any gender.
This ruling came as the Court addressed a plea from Sundari Gautam, challenging a trial court’s decision to frame charges under Section 6 of the POCSO Act, which deals with aggravated penetrative sexual assault. Gautam contended that the Act’s language implied that only men could be charged with such offences. However, the Court rejected this argument and upheld the charges against her.
Justice Bhambhani’s ruling affirms that the provisions of Sections 3 and 5 of the POCSO Act apply universally, regardless of the offender’s gender, thus reinforcing the Act’s comprehensive approach to child protection.
Advocates Piyush Sachdev, Raja Chatterjee, Ayushi Arora, Anupama Gupta, and Riya Datta represented the accused, while Additional Public Prosecutor Utkarsh represented the State.
(With inputs from agency)
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