The Nagpur bench of the High Court has recently ruled that marrying a survivor and fathering a child with her does not grant immunity from a FIR (First Information Report) filed under the Protection of Children from Sexual Offences (POCSO) Act. The court emphasized that a minor's consent is irrelevant in such cases.
This ruling comes amidst varying judgments from different High Courts in India regarding the quashing of POCSO cases after the accused and survivor get married.
In June 2025, the Bombay High Court at Goa quashed rape proceedings in a POCSO case after finding that the accused and the survivor had married and had a child. The court stated that quashing the proceedings was in the interest of justice for the accused, the survivor, and their child. The survivor's father also submitted to the court that he did not want to cause any trouble to his daughter, who was living with the accused.
However, the Calcutta High Court in March 2023, ruled that an FIR under the POCSO Act cannot be quashed simply because the survivor and the accused have married other people and are living happy lives. The court stated that the fact that they are married to other people does not lessen the offense.
In July 2021, the Karnataka High Court quashed a POCSO case against a man after he married the victim. The court emphasized that the POCSO case could be revived if the accused abandoned the girl and their child after the case's closure.
Conversely, the Madras High Court has taken a firm stance, ruling that offenses under the POCSO Act are crimes against society and cannot be nullified by a subsequent marriage between the accused and the victim. The court stated that accepting marriage or elopement as a defense would defeat the purpose of the POCSO Act.
These differing judgments highlight the complex legal and social considerations involved in POCSO cases where the accused and survivor marry. While some courts prioritize the well-being of the survivor and child, others emphasize the severity of the crime and the need to protect society.
