Published on: 10 July 2023 at 12:21 IST
Court: High Court of Delhi
Citation: Independent v. Union of India (2023)
Honourable High Court of Delhi has held that the Protection of Children from Sexual Offences Act, 2012 overrides the Prohibition of Child Marriage Act, 2006 and Code of Criminal Procedure, 1973. It is held that the Hon’ble Court has invoked Doctrine of Lex Specialis Derogat Legi Generali which means if two laws govern the same factual situation, a law governing a specific subject matter (Lex Specialis) overrides a law governing only general matters (Lex Generalis).
16. Consequently, this Court declares that Section 19 read with Section 21 of the POCSO Act shall override the restrictions imposed under Section 198(1) read with Section 198(3) of Cr. P.C. However, this Court clarifies that it has not dealt with the larger issue of ‘marital rape’ of an adult woman in the present proceedings.
17. As far as the plea for extended period of limitation is concerned, this Court is of the view that Sections 472 and 473 Cr. P.C. empower the Courts to extend the period of limitation, in the event it is satisfied that the facts and circumstances of the case necessitate extension of the period of limitation or that the delay has been explained properly. This Court is in agreement with learned counsel for the respondent that Section 3(3) of PCM Act deals with voidability of child marriage and does not extend the period of limitation to file complaints in cases of rape of a minor children who is married. Accordingly, in appropriate cases where minor victims are not able to file their complaints within time, the Trial Court has the power to extend the period of limitation, if it deems appropriate.
Drafted By Abhijit Mishra