Muslim marriage doesn't remove criminality of physical relations with minor: Delhi HC

The Delhi High Court has ruled that a Muslim marriage, even if recognized under personal law, does not provide immunity from criminal liability for engaging in sexual relations with a minor. The court emphasized that the Protection of Children from Sexual Offences (POCSO) Act and the Bharatiya Nyaya Sanhita (BNS) would not be undermined if an adult could escape criminal charges by merely presenting a marriage certificate recognized by personal law.

The court's decision came while rejecting a petition to quash a criminal case against a man accused of sexually assaulting his 16-year-old wife, who later had a stillborn baby. The girl's family insisted the marriage was consensual, but the court dismissed this argument, stating that marriage does not alter the age of a minor and that a person's age remains unchanged after marriage.

The court made a clear distinction between the civil validity of a marriage and the criminal consequences of sexual intercourse with a minor, affirming that a valid Muslim marriage cannot exempt the parties from liability under the POCSO Act or BNS.