Karnataka HC Declares POCSO Act Gender Neutral, Rejects Plea to Quash Case Against Woman
Bengaluru | August 19, 2025: Today, the Karnataka High Court has held that the POCSO Act is gender neutral and its provisions apply equally to men and women.
The Court refused to quash criminal proceedings against a 52-year-old woman accused of sexually assaulting a 13-year-old boy, observing that a woman can also be made an accused under the POCSO Act.
The case relates to incidents between May and June 2020, when the accused woman, Archana, then around 48 years of age, allegedly compelled her 13-year-old neighbour to engage in sexual acts at her residence in Bengaluru.
The boy, who had initially visited her house to help upload her paintings on Instagram at the request of his mother, later disclosed the traumatic incidents to a therapist in Dubai in 2024. His parents, who had shifted to Dubai in August 2020, subsequently lodged a complaint with HAL Police Station, Bengaluru, in June 2024.
Court Rejects Defence Arguments
The accused sought quashing of the case, arguing that a woman cannot be charged with penetrative sexual assault or aggravated sexual assault.
However, Justice M. Nagaprasanna, while rejecting this contention, held that Sections 4 and 6 of the POCSO Act clearly criminalise compelling a child to engage in penetrative sexual acts, regardless of the offender’s gender.
The Court further noted that although the Act uses the pronoun “he”, the interpretation under the Indian Penal Code (IPC) makes it clear that the term extends to “any person, whether male or female.”
Court Rejects Stereotypes on Sexual Roles
The defence also argued that the boy, being in shock, could not have had an erection, thereby disputing the possibility of assault. Dismissing this argument, the Court relied on medical studies, clarifying that psychological shock and physiological responses are not always interdependent.
The Court further observed that the notion of a man being the “active” participant and a woman being merely “passive” in sexual intercourse is archaic and stereotypical. It stressed that modern legal jurisprudence cannot be guided by such stereotypes.
Delay in Complaint Not Ground for Quashing
On the issue of delay in lodging the complaint filed four years after the incident, the Court held that delay cannot be a ground for quashing when the allegations relate to a child victim of sexual assault.
The absence of a potency test on the boy was also deemed irrelevant given the seriousness of the allegations.
Accordingly, the petition seeking quashing of the FIR was dismissed, and the case will proceed to trial.
Case Details
- Case Title: Archana vs. State of Karnataka
- Bench: Justice M. Nagaprasanna, High Court of Karnataka
- Court: High Court of Karnataka, Bengaluru
- Date of Order: August 19, 2025
Follow The Legal QnA For More Updates…