Indian Politics

Marriage under personal law grants no immunity from POCSO or BNS: Delhi HC

Hindustan Times13h
THE BRIEF
1

The Delhi High Court ordered a man to stand trial under the POCSO Act and BNS for having a sexual relationship with his minor wife, holding that personal laws do not provide immunity from criminal liability.

2

The case emerged in 2026 after the 16-year-old wife sought hospital treatment while eight months pregnant, prompting police to file an FIR as the law does not recognize a minor's consent.

3

Justice Sanjeev Narula ruled on September 23 that personal law cannot override statutory protections and age thresholds set by Parliament, refusing the couple's petition to quash the FIR.