Child Sexual Offences -- Marriage of Minor Wife Under Muslim Personal Law -- No immunity to husband from liability
(i) Protection of Children from Sexual Offences Act, 2012, S.6 -- Child Sexual Offences -- Marriage of Minor Wife Under Muslim Personal Law -- Personal law decides civil status of marriage but cannot give exception to a penal statute -- Child means a person below eighteen, and puberty cannot replace that age -- Sexual act with wife below eighteen is an offence, with or without her consent -- Marriage does not advance age or reduce protection of child. (ii) Bharatiya Nyaya Sanhita, 2023, S.63 -- Rape -- Sexual Intercourse with Wife Below Eighteen -- Marital exception applies only where wife is not under eighteen -- Consent of minor wife, her family, or her stated wish is no defence -- Child and her parents cannot waive a public penal statute. (iii) Constitution of India, 1950, Art.25 -- Religious Freedom -- Claim of Immunity from Penal Law Protecting Children -- Protection of personal choice and religion under Articles 21, 25 and 26 does not grant immunity from general penal laws enacted to protect children. (iv) Protection of Children from Sexual Offences Act, 2012, S.19 -- Reporting of Offence -- FIR Registered on Report of Hospital -- Reporting is mandatory for institutions such as hospitals -- FIR is valid without complaint by the child or family.
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