Imposed restrictions under section 198(1) and 198(3) of CrPC should be overrided by mandatory provisions of POCSO Act.

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Keywords: POCSO, marital rape, CrPC

The Delhi High Court held that Section 19 of the POCSO Act, which provides for mandatory reporting of offences, was read with Section 21 of the Act. Justice Manmohan and Justice Saurabh Banerjee’s division bench stated that there is no specific subgroup among child rape victims who are exempt from protection. However, the bench clarified that they did not address the broader issue of non-consensual sexual intercourse between two married adults, commonly referred to as “marital rape.”

The bench stated that the Protection of Children from Sexual Offences (POCSO) Act is a unique legislation that covers a wide range of abhorrent offenses related to sexual assault and sexual exploitation of minors.

The court observed, “It is well established that when a general law and a special law dealing with some common aspect are in question, the rule adopted and applied is one of harmonious construction whereby the general law, to the extent dealt with by the special law, is impliedly repealed. This principle is founded on the Latin maxim of generalia specializes non derogating i.e. general law yields to special law, should it be pursued in the same field for the same subject matter[1].”

The plea brought by NGO Independent Thought to declare, inter alia, that Section 198(6) of the Criminal Procedure Code is in conflict with the POCSO Act and therefore unconstitutional was heard before the Court. It also requested that the restrictions imposed pursuant to sections 198 (1) and (3) of the Criminal Procedure Code be repealed by Sections 19 and 21 of the POCSO Act.

The Court also noted that, where a minor victim is unable to file an action within the time limit, the trial court may in so far as it considers appropriate extend the period of limitation.

Written by- Aditya a student of ILSR, GLA University, Mathura, 2^nd Semester, an intern under Legal Vidhiya

[1] LIVELAW, https://www.livelaw.in/high-court/delhi-high-court/delhi-high-court-pocso-act-mandatory-reporting-228207 (last visited on 8^th May, 2023).

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