In Archana Patil v. State of Karnataka, decided on August 18, 2025, the Karnataka High Court clarified that the Protection of Children from Sexual Offences (POCSO) Act, 2012 is gender-neutral, and applies equally to women who induce minors into sexual acts.
The bench of Justice M. Nagaprasanna rejected a plea by a 52-year-old Bengaluru woman seeking to quash allegations of sexual assault against a 13-year-old boy under Sections 4 and 6 (penetrative and aggravated penetrative sexual assault) of the Act. The Court held that Section 3’s phrase “make the child to do so with her or any other person” covers situations where a woman coerces a minor into penetration, thereby meeting statutory ingredients for assault.
The Court reasoned that although certain provisions use masculine pronouns, POCSO’s purpose and its alignment with Section 8 of the Indian Penal Code, which treats “he” as gender-inclusive, makes it applicable to all genders. It also deemed arguments like psychological trauma negating physiological acts (e.g., an erection) as archaic and not a valid basis to quash proceedings.
Why It Matters
This decision strengthens child protection by affirming that perpetrators, regardless of gender, can be held accountable under POCSO. It underscores that the law focuses on the nature of the act and the child’s protection, not the offender’s gender. For any specific query call at +91 – 8569843472
