Bengaluru (The Hawk): The Protection of Children from Sexual Offenses (POCSO) and IPC Acts, according to the Karnataka High Court, are substantive and take precedence over private laws.
The statement was made recently by a bench led by Justice Rajendra Badamikar while reviewing the bail application of a 19-year-old Chikkamagaluru rape suspect.
The accused forced a 16-year-old girl into a lodge after luring her there.
The court ruled that POCSO and IPC statutes are superior and supersede personal laws, disregarding claims that the Mohammedan law defines the typical puberty age at 15 years and that this age also counts as the legal marriage age.
Additionally, it was contended that the POCSO legislation had no jurisdiction over the accused because he is a Muslim.
The bench stated that the petitioner cannot be granted bail in the name of personal law.
Even though a charge sheet had been filed in the case, the court denied the bail because there was a potential that the evidence might have been tampered with.
In another instance, the same bench rejected the justifications for granting release under Islamic law and instead granted bail to the accused on the basis of humanitarian concerns.
After discovering his pregnant 17-year-old wife, the man was arrested under the POCSO Act. The husband's attorney argued that the POCSO allegations against him should be withdrawn because he was married in accordance with Mohammedan law.
Even though the bench disagreed with the rationale, it granted him bail since the accused spouse could care for the minor girl who was pregnant.
(Inputs from Agencies)
