Delhi High Court: Muslim Personal Law Cannot Overrule POCSO Act or BNS
- Lawttorney.ai
- Oct 6
- 3 min read
Case Name: Hamid Raza Versus State of NCT of Delhi.
Introduction:
The present case involves issues of justice, protection of victims, and the application of legal provisions under Islamic personal law concerning the parties involved. This case deals with a serious allegation of sexual assault and the legal proceedings initiated against the accused, who is under judicial custody and facing trial in relevant provisions of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act.
Background:
This Matter relates to a bail plea by a 24-year-old applicant (husband), who has been arrested and confined for over 11 months for the offence of kidnapping, rape, and charges under the POCSO Act, the original complaint was filed by the girl's stepfather, who asserts the girl is a minor aged 15-16. Although the girl, claims to be 20 at the time of incidents, is strongly backing the applicant, claiming that she’s married to applicant by her own free will and is pleading the court for his bail. The case is complicated by the fact that the stepfather himself is in judicial custody facing trial in a separate case for the offence of repeated sexual abuse of the prosecutrix. Importantly, the girl's official statement recorded by the Officials contains a major allegation such as she leaves home because of cruelty and sexual abuse by the stepfather, due to this she gave birth to a child, directly opposing the stepfather's claim and supporting the applicant's defense. The main legal issue involves the disputed age of the girl and the inconsistent statement regarding her relationship with both the applicant and the stepfather.
Legal Provision:
Section 64 – Punishment for rape.
Section 137- Defines Kidnapping.
Section 6 of the POCSO Act - Specifies the punishment for aggravated penetrative sexual assault, which includes rigorous imprisonment for a minimum of 20 years, extendable to life imprisonment (meaning for the remainder of the person's natural life), a fine, or even the death penalty. The fine imposed is intended to cover the victim's medical expenses and rehabilitation.
Delhi High Court Observation in the POCSO and BNS Act
The court held that under Muslim Personal Law, puberty (presumed at 15 years) is deemed suitable for marriage age for girls, and these marriages are valid under Islamic law. However, the Indian laws like the POCSO Act and BNS take priority status and penalize marriage below the age and consent. The Legitimacy of the marriage and the Victim’s exact age are contested facts which cannot be decided at the time of bail trial. Prosecutrix’s stepfather lodged the FIR, who has been alleged offender of sexually abusing her and fathering a child through assault, which raised a grave doubt about the FIR’s reliability and pointing to the misuse of the legal process. Multiple documents show a conflicting age for the prosecutrix, but her claim of being over 18 appears believable considering her past childbirth. The Applicant’s arrest was procedurally defective, comprising delays in court production and refusal to inform relatives, hence violating his constitutional rights. The Trial has been unreasonably delayed due to failure to prosecute, breaching the applicant’s right to a speedy trial. The Prosecutrix supports the applicant’s bail, and he doesn’t have a criminal record or risk of absconding. Looking all factors together, including the doubtful FIR, Administrative violations, delays in trial, and the consent of prosecutrix.
The court concluded that continued detention is unwarranted and approved the regular bail.
Court Further added that, “This raises a stark dilemma viz. should society be criminalized for adhering to long-standing personal laws? Is it not the time to move towards a Uniform Civil Code (UCC), ensuring a single framework where personal or customary law does not override national legislation.”
Conclusion:
The court held that the victim’s exact age was disputed and noted serious doubts about the FIR’s reliability, given the stepfather’s alleged abuse. Considering the applicant’s clean record, procedural flaws in arrest, trial delays, and the victim’s support, bail was granted.
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