Supreme Court to Examine if POCSO Act Applies to Women Accused of Sexually Assaulting Minor Boys

New Delhi, October 25, 2025: The Supreme Court has agreed to examine whether the provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012, are gender-neutral and if a woman can be prosecuted under the Act for sexually assaulting a minor boy.

A Bench comprising Justice M.M. Sundresh and Justice Satish Chandra Sharma issued a notice to the Karnataka Government while staying the criminal proceedings against a woman, Archana Patil, who faces charges under the POCSO Act. The case will determine whether the Act’s wording allows female offenders to be prosecuted for sexual assault against boys.

Patil, 48, is accused of sexually assaulting a 13-year-old boy between February and June 2020, when he attended her home for art lessons. The boy’s parents later filed a complaint, leading to the registration of the case.

Her petition challenges the Karnataka High Court’s August 18, 2025, order that refused to quash the proceedings. The High Court had held that the POCSO Act was gender-neutral and could be applied to women as well as men.

Senior advocate Siddharth Luthra, representing the petitioner, argued that Sections 3(1)(a) to 3(1)(c) of the Act—defining penetrative sexual assault—refer to the accused using masculine pronouns “he” and “his,” thereby implying that the law contemplates only a male perpetrator. He contended that the language of the statute does not support prosecution of a female accused under these provisions.

The Supreme Court’s intervention will now determine whether the interpretation of POCSO should remain gender-neutral, as the High Court held, or if its provisions apply exclusively to male offenders. The outcome could have far-reaching implications for how sexual assault cases involving minors are prosecuted in India.