The Karnataka High Court has ruled that women can also be accused under the Protection of Children from Sexual Offences (POCSO) Act, as the law is gender neutral. On August 18, Justice M. Nagaprasanna dismissed a plea filed by a 52-year-old woman seeking to quash an FIR lodged against her for sexually assaulting a minor boy.
The court made it clear that the POCSO Act, 2012, aims to protect children, regardless of gender, and its provisions apply equally to both men and women. Justice Nagaprasanna said, “The POCSO Act is a progressive legislation rooted in gender neutrality and intended to safeguard childhood.”
Case Details
The accused woman, identified as Archana, an artist aged around 48 at the time, allegedly forced a 13-year-old boy into sexual acts at her home in Bengaluru during May–June 2020. She was reportedly a neighbour and had come in contact with the boy through his mother, who had asked him to help Archana with her Instagram art posts.
The boy, who was distressed, did not immediately reveal the incidents. Later, when the family shifted to Dubai in August 2020, he remained silent until 2024, when he narrated the details to a therapist. Following this, his mother filed a complaint with HAL police in June 2024.
Court’s Observations
The accused argued that penetrative sexual assault charges cannot apply to women. However, the court rejected this claim, clarifying that Sections 4 and 6 of the POCSO Act clearly hold any person responsible if they compel a minor into sexual acts.
The court also dismissed the claim that a boy in shock could not have experienced physiological responses, stating that psychological and biological reactions function differently. It further rejected the “archaic” notion that women are passive participants and men active participants in sexual acts.
On the delay of four years in filing the FIR, the court observed that delay cannot be a ground to quash proceedings, especially given the seriousness of the alleged offence and the age of the victim.
Verdict
The High Court concluded that the petition lacked merit and dismissed it, affirming that POCSO provisions apply equally to men and women.
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