The Supreme Court has paused the trial of a woman accused of sexually assaulting a 13-year-old boy, after she challenged the use of the Protection of Children from Sexual Offences (POCSO) Act against female offenders.
The woman, a 48-year-old neighbour of the boy, allegedly assaulted him between February and June 2020 when he visited her home for art lessons. A charge sheet was filed under Sections 4 and 6 of the POCSO Act, which deal with punishment for penetrative sexual assault.
She has argued that the Act, particularly Sections 3(1)(a) to 3(1)(c), is worded with male pronouns like &ldquo;he&rdquo; and &ldquo;his,&rdquo; suggesting it applies only to male offenders.
The Karnataka High Court had earlier rejected this claim, stating that POCSO&rsquo;s core intent is to protect all children, regardless of gender, and therefore applies to both male and female perpetrators. The court described the law as a &ldquo;progressive, gender-neutral enactment&rdquo; aimed at safeguarding childhood from abuse in any form.
The Supreme Court has now decided to examine the matter and issued a notice, halting all proceedings before the trial court in Bengaluru until further orders.
This case has opened up a wider debate on whether India&rsquo;s child protection laws need clearer language to reflect gender neutrality in defining offenders.

Can women be charged under POCSO? SC to decide

Supreme Court halts trial as woman challenges gender scope of child protection law

Can women be charged under POCSO? SC to decide

Supreme Court halts trial as woman challenges gender scope of child protection law

October 25, 2025 | 11:46 IST