Is POCSO Act Gender-Neutral? Supreme Court Issues Notice, Stays Trial Against Woman

The Supreme Court issued notice on a petition by a woman accused of sexually assaulting a 13-year-old boy, challenging Sections 3(1)(a)–(c), 4, and 6 of the POCSO Act, 2012, contending that gendered pronouns “he” and “his” rendered the provisions inapplicable to female offenders.

A Division Bench of Justices M.M. Sundresh and Satish Chandra Sharma stayed further trial court proceedings and agreed to examine whether the Act is gender-neutral.

The petition arose from a Karnataka High Court judgment dated August 18, 2025, which had upheld the applicability of POCSO to female offenders, emphasising the protection of all children irrespective of gender 

[Archana Patil v State of Karnataka & Anr.]