Women can be tried for penetrative sexual assault on children: Delhi HC
Criminal proceedings can be initiated against a woman for committing the offence of “penetrative sexual assault” on a child, the Delhi High Court has said, noting that the offence is not restricted to only men.
The court made the observation on August 9 while hearing a plea by an accused in a case lodged under the Protection of Children from Sexual Offences (POCSO) Act. The accused had argued that since she was a woman, the offences of “penetrative sexual assault’” and “aggravated penetrative sexual assault” can’t be made out against her.
The public prosecutor had contended that the POCSO Act is a gender-neutral legislation and holds perpetrators, regardless of their gender, accountable for sexual offences against minors.
Agreeing with it, the Bench of Justice Anup Jairam Bhambhani said the POCSO Act was enacted to protect children from sexual offences “regardless of whether an offence is committed upon a child by a man or a woman”.
“There is no reason why the word person appearing in Section 3 of the POCSO Act should be read as referring only to a male,” the court said.
The court held that the word “he” appearing in the POCSO Act cannot be given a restrictive meaning, to say that it refers only to a “male”. “It must be given its intended meaning, namely that it includes within its ambit any offender irrespective of their gender,” it said, adding that the petitioner can be put to trial for the offences as charged.
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Delhi
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judiciary (system of justice)
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sexual assault & rape