SC to examine if woman can be prosecuted under POCSO Act for sexually assaulting minor boy

The Supreme Court has decided to examine if provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012 have gender neutral application and if a woman can be prosecuted under POCSO Act for sexually assaulting a minor boy.

Acting on a petition filed by a woman accused of sexually assaulting a minor boy, a Bench of Justice MM Sundresh and Justice Satish Chandra Sharma issued notice to the Karnataka Government and stayed the criminal proceedings against her under the POCSO Act before the trial court.

The accused, Archana Patil, has challenged the applicability of provisions of the POCSO Act to prosecute a woman as an accused.

The order came after senior counsel Siddharth Luthra submitted on behalf of the petitioner that Sections 3(1)(a) to 3(1)(c) of the POCSO Act, 2012 being gender-specific, had no application to her case.

Sections 3(1)(a) to 3(1)(c) of the 2012 Act define penetrative sexual assault against children and refer to the perpetrator using the pronouns “he” and “his”, meaning thereby that the accused must be a male.

The petitioner has challenged the Karnataka High Court’s August 18, 2025, order refusing to quash the criminal proceedings against her. The High Court held that the POCSO Act was gender neutral and that offences under the Act could be alleged against a woman.

The case was lodged against her on a complaint by parents of the victim – a boy alleging that the 48-year-old woman sexually assaulted their 13-year-old son in February-June 2020 when he went to her house for art lessons.

Patil had contended before the High Court that provisions of the POCSO Act were gender-specific and could not apply to a female accused. However, the High Court held that the Act protected all children, irrespective of gender as its provisions extended equally to male and female offenders. Now, she has challenged the High Court’s ruling before the top court.