SC to examine if woman can be prosecuted under POCSO Act for sexually assaulting minor boy

The Supreme Court has decided to examine if provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012 have gender neutral application and if a woman can be prosecuted under POCSO Act for sexually assaulting a minor boy.

Acting on a petition filed by a woman accused of sexually assaulting a minor boy, a Bench of Justice MM Sundresh and Justice Satish Chandra Sharma issued notice to the Karnataka Government and stayed the criminal proceedings against her under the POCSO Act before the trial court.

The accused, Archana Patil, has challenged the applicability of provisions of the POCSO Act to prosecute a woman as an accused.

The order came after senior counsel Siddharth Luthra submitted on behalf of the petitioner that Sections 3(1)(a) to 3(1)(c) of the POCSO Act, 2012