Delhi HC held that a marriage valid under Muslim personal law does not confer immunity from POCSO and BNS for sexual intercourse with a minor wife. The court refused to quash FIR against a 28-year-old man who married a 16-year-old girl, emphasizing that consent of a minor is irrelevant and Parliament has not provided marital exception in POCSO.
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1-Minute Revision
- ›Girl's age at marriage: 16 years 3 months
- ›Man's age: 28 years
- ›Target this Data: Girl's age 16 years 3 months; man's age 28 years.
- ›Target this Nodal Body: Delhi High Court (Justice Sanjeev Narula)
- ›Target this Legal Point: POCSO Act Section 3 (Penetrative Sexual Assault) and Section 5 (Aggravated) - no marital exception.
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