A recent Delhi High Court ruling clarified that under the Protection of Children from Sexual Offences (POCSO) Act, criminal proceedings for "penetrative sexual assault" can be pursued against female offenders.

Justice Anup Jairam Bhambhani emphasized that the POCSO Act's purpose is to protect children from sexual crimes regardless of the offender's gender. The court rejected the argument that the term "person" in Section 3 of the Act should be interpreted to apply only to males.

The decision came in response to a plea by a female accused in a POCSO case, who contended that the charges of "penetrative sexual assault" and "aggravated penetrative sexual assault" could not be applicable to her due to her gender.

The accused challenged the charges against her by arguing that the use of the pronoun "he" in the POCSO Act suggested that only men could be held liable for "penetrative sexual assault." However, the court rejected this interpretation. Justice Anup Jairam Bhambhani clarified that the term "person" in Section 3 of the POCSO Act should not be limited to "male," and emphasized that the Act is designed to protect children from sexual offenses irrespective of the offender's gender.

"It is accordingly held that the acts mentioned in sections 3 and 5 (aggravated penetrative sexual assault) of the POCSO Act are an offence regardless of the gender of the offender, provided the acts are committed upon a child," the court said in the judgment.

"Giving due regard to the fact that the Legislature enacted the POCSO Act in order to provide protection to children from sexual offences – regardless of whether an offence is committed upon a child by a man or a woman – the court must not interpret any provision of the statute that derogates from the legislative intent and purpose," it stated.