The Karnataka High Court has dismissed a petition filed by a 52-year-old woman seeking to quash a sexual assault case lodged against her under the Protection of Children from Sexual Offences (POCSO) Act.

Justice M. Nagaprasanna ruled that the law applies equally to both men and women, making it gender-neutral. “The POCSO Act, being a progressive enactment, is intended to safeguard childhood. Its object is to protect children irrespective of sex,” the court observed.

The case stems from a complaint filed by the mother of a 13-year-old boy, who alleged that the accused — a family acquaintance — had sexually abused her son in 2020 while they were living in the same Bengaluru residential community. The boy, now in Dubai with his family, revealed the incidents only in 2024, after which police registered a case and filed a chargesheet.

Court’s Observations

The bench noted that provisions under Sections 4 and 6 of the POCSO Act (penetrative sexual assault) can be invoked against women as well. While some sections of the law use gendered terms, the court said its preamble and purpose make it inclusive of offences committed by “both men and women.”

Citing official data, the court highlighted that 54.4% of child sexual assault survivors are boys, underscoring that abuse is not confined to one gender.

Finding “sufficient material” in the boy’s detailed statement and the chargesheet, the court directed that the accused must face trial.

Senior counsel for the accused had argued that the law could not be applied against women, as rape by definition is a crime by a man against a woman. However, the court rejected this reasoning, stressing that modern jurisprudence cannot allow stereotypes to cloud legal scrutiny.

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