Case Title:- Archana Patil vs. State of Karnataka & Anr.
Citation:- SLP Criminal No. 15777/2025
Date:- 08.10.2025
Hon’ble Supreme Court Bench:- JUSTICE M.M. SUNDRESH & JUSTICE SATISH CHANDRA SHARMA
The Hon’ble Supreme Court recently issued notice on a plea filed by a woman accused of sexually assaulting a minor boy, in which she has challenged the applicability of provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012 to female accused.
- The Hon’ble Court has stayed the trial court case for now. The Petitioners argued that Sections 3(1)(a) to 3(1)(c) of the Act use words like “he” and “his”, meaning they apply only to male offenders.
- These sections define penetrative sexual assault, describing acts that a man commits against a child. In this case, the Petitioner, a 48 year old woman, allegedly assaulted the boy when he visited her for art lessons in 2020.
- She was charged under Sections 4 and 6 of the POCSO Act, which prescribe punishment for penetrative sexual assault.
- The Hon’ble Karnataka High Court earlier rejected her plea, saying the POCSO Act is gender-neutral and protects all children, regardless of the offender’s gender.
- The Hon’ble Supreme Court will now decide whether women can also be prosecuted under the POCSO Act.
