Marriage under personal law no exemption from criminal liability

…prevail over the statutory protections afforded to children under the POCSO Act, and the Bharatiya Nyaya Sanhita (BNS), 2023 (BNS). The man was charged for rape under section 63 of BNS and section 6 of POCSO Act. “ A marriage claimed to be valid under Muslim personal law cannot, by reason of that status alone, confer immunity from POCSO or the BNS for sexual intercourse with a wife who was below eighteen at the relevant time. A marriage may have consequences for status, maintenance, legitimacy, residence and rights between the parties. It does not necessarily immunise conduct that a secular penal statute independently prohibits. A marriage…