Skip to content

27 September 2026 · National and international edition

Delhi High Court on POCSO and Personal Law: A Marriage Valid Under Muslim Personal Law Gives No Immunity Where the Wife Is Under 18

  • Law & Judiciary
  • GS-II, GS-I
  • The Hindureported it
  • POCSO Act
  • Child Marriage
  • Personal Law
  • Bharatiya Nyaya Sanhita
  • Child Rights

Why it is in the news

On 23 September 2026, Justice Sanjeev Narula of the Delhi High Court dismissed a petition to quash an FIR registered under the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (POCSO) Act against a man who had married a girl aged 16 years and three months under Muslim personal law. The Court held that such a marriage confers no immunity from prosecution where the wife is below 18: personal law “may determine whether a marriage has been contracted”, but cannot create an exception to a criminal law “where Parliament has provided none”.

The exam angle

Issue: Where a marriage valid under personal law involves a girl below 18, should the secular criminal law of child protection prevail over the personal law of marriage — and should that answer come from the courts or from Parliament?

Written for APPSC Group 1, TGPSC Group 1 and UPSC Civil Services. More from 27 September 2026 or all current affairs.

Delhi High Court on POCSO and Personal Law: A Marriage Valid Under Muslim Personal Law Gives No Immunity Where the Wife Is Under 18 · PrepShark