TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Secular POSCO: Delhi HC Rejects Personal Law Defence

    Secular POSCO: Delhi HC Rejects Personal Law Defence

    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    Nivedita Menon Udaipur Lecture Sparks Protest Over Kashmir and India Remarks

    Nivedita Menon Udaipur Lecture Sparks Protest Over Kashmir and India Remarks

    Bombay HC Bans Firecrackers, Loud Music Across Maharashtra

    Bombay HC Bans Firecrackers, Loud Music Across Maharashtra

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Durga Puja 2026: Bangladesh halts Hilsa trade with India, ending festive-season tradition

    Durga Puja 2026: Bangladesh halts Hilsa trade with India, ending festive-season tradition

    Banks to Stay Open on Sunday Ahead of Proposed Three-Day Strike From September 28

    Banks to Stay Open on Sunday Ahead of Proposed Three-Day Strike From September 28

    How to Open a Demat Account Online: Step-by-Step Guide

    How to Open a Demat Account Online: Step-by-Step Guide

    Cheapest Used Car Financing in India: Bank vs NBFC vs Platform Tie-Ups Compared

    Cheapest Used Car Financing in India: Bank vs NBFC vs Platform Tie-Ups Compared

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    The Jugular Vein That Bleeds Itself

    The Jugular Vein That Bleeds Itself

    Tarang Shakti 2026: F-35s Join Rafales, Tejas as India’s Largest Multinational Air Exercise Kicks Off in Jodhpur Tomorrow

    Tarang Shakti 2026: F-35s Join Rafales, Tejas as India’s Largest Multinational Air Exercise Kicks Off in Jodhpur Tomorrow

    Rann & Creek Sentinels: Indian Army, BSF Hold Coordination Talks in Bhuj to Strengthen Western Border Security

    Rann & Creek Sentinels: Indian Army, BSF Hold Coordination Talks in Bhuj to Strengthen Western Border Security

    DRDO Signs First High-Value Deep-Tech Agreement Under TDF Scheme for Indigenous Quantum Refrigerator

    DRDO Signs First High-Value Deep-Tech Agreement Under TDF Scheme for Indigenous Quantum Refrigerator

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    The Jugular Vein That Bleeds Itself

    The Jugular Vein That Bleeds Itself

    US Ambassador Sergio Gor Hails Indo-US Troops Training Together at Mahajan Range, Calls Yudh Abhyas a Sign of Deepening Defence Ties

    US Ambassador Sergio Gor Hails Indo-US Troops Training Together at Mahajan Range, Calls Yudh Abhyas a Sign of Deepening Defence Ties

    Pakistan Strikes 10 Sites in Afghanistan After Drone Incursion, Says Pak Information Minister

    Pakistan Strikes 10 Sites in Afghanistan After Drone Incursion, Says Pak Information Minister

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    What Skills Will You Gain from a Strategic Leadership Course

    What Skills Will You Gain from a Strategic Leadership Course

    Young Indian Gen Z exploring Sanatan Dharma through smartphones, social media and the Bhagavad Gita

    Ancient Roots, Digital Minds: The Rise of Sanatani Gen Z

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Dev Anand Remembered on His 103rd Birth Anniversary

    Dev Anand Remembered on His 103rd Birth Anniversary

    Veteran actor Mushtaq Khan dies at 75; leaves behind decades of memorable supporting roles

    Veteran actor Mushtaq Khan dies at 75; leaves behind decades of memorable supporting roles

    TOP 9 Red Flags in Overseas Job Offers Promising Free Visas and Flights

    TOP 9 Red Flags in Overseas Job Offers Promising Free Visas and Flights

    Giant Dancing Gorillas Are the New Life of the Party in Pakistan. Here’s how it started

    Giant Dancing Gorillas Are the New Life of the Party in Pakistan. Here’s how it started

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Secular POSCO: Delhi HC Rejects Personal Law Defence

    Secular POSCO: Delhi HC Rejects Personal Law Defence

    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    Nivedita Menon Udaipur Lecture Sparks Protest Over Kashmir and India Remarks

    Nivedita Menon Udaipur Lecture Sparks Protest Over Kashmir and India Remarks

    Bombay HC Bans Firecrackers, Loud Music Across Maharashtra

    Bombay HC Bans Firecrackers, Loud Music Across Maharashtra

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Durga Puja 2026: Bangladesh halts Hilsa trade with India, ending festive-season tradition

    Durga Puja 2026: Bangladesh halts Hilsa trade with India, ending festive-season tradition

    Banks to Stay Open on Sunday Ahead of Proposed Three-Day Strike From September 28

    Banks to Stay Open on Sunday Ahead of Proposed Three-Day Strike From September 28

    How to Open a Demat Account Online: Step-by-Step Guide

    How to Open a Demat Account Online: Step-by-Step Guide

    Cheapest Used Car Financing in India: Bank vs NBFC vs Platform Tie-Ups Compared

    Cheapest Used Car Financing in India: Bank vs NBFC vs Platform Tie-Ups Compared

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    The Jugular Vein That Bleeds Itself

    The Jugular Vein That Bleeds Itself

    Tarang Shakti 2026: F-35s Join Rafales, Tejas as India’s Largest Multinational Air Exercise Kicks Off in Jodhpur Tomorrow

    Tarang Shakti 2026: F-35s Join Rafales, Tejas as India’s Largest Multinational Air Exercise Kicks Off in Jodhpur Tomorrow

    Rann & Creek Sentinels: Indian Army, BSF Hold Coordination Talks in Bhuj to Strengthen Western Border Security

    Rann & Creek Sentinels: Indian Army, BSF Hold Coordination Talks in Bhuj to Strengthen Western Border Security

    DRDO Signs First High-Value Deep-Tech Agreement Under TDF Scheme for Indigenous Quantum Refrigerator

    DRDO Signs First High-Value Deep-Tech Agreement Under TDF Scheme for Indigenous Quantum Refrigerator

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    When Solidarity Backfires: Wangchuk’s Tibet Remark and the CTA’s Sharp Rejection

    The Jugular Vein That Bleeds Itself

    The Jugular Vein That Bleeds Itself

    US Ambassador Sergio Gor Hails Indo-US Troops Training Together at Mahajan Range, Calls Yudh Abhyas a Sign of Deepening Defence Ties

    US Ambassador Sergio Gor Hails Indo-US Troops Training Together at Mahajan Range, Calls Yudh Abhyas a Sign of Deepening Defence Ties

    Pakistan Strikes 10 Sites in Afghanistan After Drone Incursion, Says Pak Information Minister

    Pakistan Strikes 10 Sites in Afghanistan After Drone Incursion, Says Pak Information Minister

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    What Skills Will You Gain from a Strategic Leadership Course

    What Skills Will You Gain from a Strategic Leadership Course

    Young Indian Gen Z exploring Sanatan Dharma through smartphones, social media and the Bhagavad Gita

    Ancient Roots, Digital Minds: The Rise of Sanatani Gen Z

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Dev Anand Remembered on His 103rd Birth Anniversary

    Dev Anand Remembered on His 103rd Birth Anniversary

    Veteran actor Mushtaq Khan dies at 75; leaves behind decades of memorable supporting roles

    Veteran actor Mushtaq Khan dies at 75; leaves behind decades of memorable supporting roles

    TOP 9 Red Flags in Overseas Job Offers Promising Free Visas and Flights

    TOP 9 Red Flags in Overseas Job Offers Promising Free Visas and Flights

    Giant Dancing Gorillas Are the New Life of the Party in Pakistan. Here’s how it started

    Giant Dancing Gorillas Are the New Life of the Party in Pakistan. Here’s how it started

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

Secular POSCO: Delhi HC Rejects Personal Law Defence

adarshdubey by adarshdubey
27 September 2026
in Trending
Secular POSCO: Delhi HC Rejects Personal Law Defence
Share on FacebookShare on X

RelatedPosts

Muslim Personal Law Cannot Shield Minor Sex: Kerala HC

Love Jihad Debate Intensifies After Muskan Sharma Murder, Accused’s Old POCSO Case Surfaces

Rajasthan: English Teacher Sharukh Arrested for Attempted Sexual Assault on Student in Jhalawar

Load More

The Delhi High Court has ruled that a marriage claimed to be valid under Muslim personal law cannot provide immunity from criminal prosecution when the wife was below 18 at the time of sexual intercourse, reinforcing the protective framework of Secular POSCO. Justice Sanjeev Narula, while refusing to quash criminal proceedings against a 28-year-old man, held that personal law may determine the civil consequences of a marriage but cannot create an exception to criminal liability where Parliament has not provided one.

The case arose after a Muslim couple approached the High Court seeking quashing of an FIR registered against the husband under provisions of the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences Act, 2012, commonly known as POCSO. According to the case record, the couple had married in December 2024, when the woman was approximately 16 years and three months old and the man was around 28.

The woman’s age came to light in 2026 when she visited a government hospital while approximately eight months pregnant. The hospital authorities informed the police after discovering that she was below the age of 18. The couple subsequently challenged the criminal proceedings, arguing that their marriage was valid under Muslim personal law and that the relationship had been voluntary. The case therefore raised a significant legal question concerning the interaction between personal law and Secular POSCO.

The petitioners relied on the argument that, under traditional interpretations of Muslim personal law, a Muslim girl who has attained puberty may have the capacity to enter into a marriage contract. They contended that if the marriage was legally recognised under the applicable personal law, sexual relations between the spouses could not subsequently be treated as criminal merely because the wife was below 18.

The High Court rejected that proposition as a basis for quashing the criminal case. The Bench drew a distinction between the civil status of a marriage and the criminal consequences of an act that is independently prohibited by statute. In doing so, the court emphasised that Secular POSCO establishes a statutory protection for children that cannot be displaced simply by invoking personal law.

The court also considered the question of consent. Under POCSO, a child is a person below 18 years of age, and the statute criminalises penetrative sexual assault against a child irrespective of consent. The BNS similarly establishes 18 as the relevant threshold in its provisions concerning sexual intercourse with a woman below that age. Section 63 of the BNS also limits the marital exception where the wife is under 18.

Justice Narula observed that marriage does not change a person’s age or confer legal capacity that the statute expressly withholds. In effect, the court reasoned that a girl who is 16 before a marriage ceremony remains 16 afterwards, and her age remains decisive when applying the statutory protections under POCSO and the BNS. This principle lies at the heart of Secular POSCO as described in the judgment.

The ruling also addressed the broader role of personal law. The court stated that personal law may determine whether a marriage has been contracted and the civil consequences flowing from it, but it cannot supply an exception to a criminal statute where Parliament has not created one. Allowing such an exception through judicial interpretation, the court noted, would effectively introduce a defence that the legislature had expressly withheld.

The judgment comes against the background of differing judicial approaches in earlier cases. A Delhi High Court bench in 2022 had taken a different position in a case concerning a Muslim marriage, while the Punjab and Haryana High Court also examined the capacity of a Muslim girl above 15 to enter into a marriage contract under Muslim personal law. Those decisions have contributed to continuing legal discussion over the relationship between personal law, child marriage and POCSO. The present ruling provides a distinct answer concerning criminal liability under statutory child-protection laws.

The court ultimately declined to quash the FIR and rejected the related requests for action against police officials and compensation. Its reasoning places statutory child protection at the centre of the criminal-law question, regardless of the claimed validity of the underlying marriage.

For Secular POSCO, the judgment is significant because it reinforces the proposition that the age-based protections created by Parliament cannot depend upon the religious or personal-law status of a relationship. The ruling does not decide every question concerning the civil validity of a Muslim marriage involving a minor; instead, it focuses on whether such a marriage can itself create immunity from prosecution under POCSO and the BNS.

The Delhi High Court’s decision therefore draws a firm legal distinction between recognising a relationship under personal law and determining whether conduct within that relationship attracts criminal liability under a secular statute. In the present case, the court concluded that Secular POSCO cannot be displaced by a claim of marital validity, while the statutory age of 18 remains central to the criminal-law analysis.

Tags: Muslim Personal LawPOSCO
ShareTweetSend
Previous Post

Dev Anand Remembered on His 103rd Birth Anniversary

Related Posts

Nivedita Menon Udaipur Lecture Sparks Protest Over Kashmir and India Remarks
Trending

Nivedita Menon Udaipur Lecture Sparks Protest Over Kashmir and India Remarks

26 September 2026

Former Jawaharlal Nehru University professor Nivedita Menon has become the centre of a fresh controversy in Rajasthan after a...

Bombay HC Bans Firecrackers, Loud Music Across Maharashtra
Trending

Bombay HC Bans Firecrackers, Loud Music Across Maharashtra

26 September 2026

The Bombay HC has imposed stringent restrictions on the use of firecrackers, high-intensity lighting and loud sound systems during...

India Warns Pakistan at UN: Terrorism Will Have Consequences
Trending

India Warns Pakistan at UN: Terrorism Will Have Consequences

26 September 2026

India delivered a sharp response to Pakistan Prime Minister Shehbaz Sharif’s address at the United Nations General Assembly, accusing...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

ONGC finds gas off Odisha: Can the Mahanadi basin fuel India’s energy future?

ONGC finds gas off Odisha: Can the Mahanadi basin fuel India’s energy future?

00:07:22

India-Russia Relations: Putin की रणनीति और भारत के लिए आगे क्या? | Maj Gen Deepak Mehra (Retd)

00:12:10

The Su-57 Question: Is India Taking a Huge Risk by Waiting for AMCA only ? IAF | Stealth fighter

00:05:37

Beginning Of Saudi Arabia's End ? A Case Study...

00:16:00

₹2 Crore Film, ₹143 Crore Hit: The ‘Hanuman Ansh’ Box Office Shock

00:02:46
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2026 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2026 TFI Media Private Limited