In a significant move that could redefine how sexual offences against minors are prosecuted in India, the Supreme Court on Friday agreed to examine whether the Protection of Children from Sexual Offences (POCSO) Act, 2012 is gender neutral in its application. The bench, while hearing the plea of a Karnataka woman accused of assaulting a 13-year-old boy, stayed all further proceedings in the trial court.
The case has stirred debate among legal experts and activists alike, as the language of certain POCSO provisions refers explicitly to a male perpetrator using pronouns like “he” and “his”.
Background
The petitioner, Archana Patil, a 48-year-old art instructor from Bengaluru, faces charges under Sections 4 and 6 of the POCSO Act for allegedly sexually assaulting a neighbour’s minor son between February and June 2020. The boy’s parents had lodged a complaint alleging repeated sexual abuse during his art lessons.
After the investigation, a charge sheet was filed, and a special POCSO court took cognizance of the offence. Patil, however, challenged the proceedings before the Karnataka High Court, arguing that the law was not meant to cover women as accused persons.
Her counsel, Senior Advocate Hashmath Pasha, argued that Sections 3(1)(a) to 3(1)(c) which define penetrative sexual assault are explicitly gender-specific. “The law assumes a male perpetrator and does not envisage a woman as the accused,” Pasha contended.
The High Court had rejected this argument in August, holding that POCSO is “a gender-neutral statute intended to protect all children.”
Court’s Observations
Hearing the matter, a bench comprising Justice M.M. Sundresh and Justice Satish Chandra Sharma appeared inclined to examine whether the interpretation of POCSO could indeed include women within the scope of the offender’s definition.
After a brief hearing, the bench issued notice to the State of Karnataka and the complainant’s family. “Issue notice. In the meantime, further proceedings before the Trial Court shall remain stayed,” the bench ordered.
The bench also recorded the submission made by the petitioner that the structure and pronouns of Section 3 indicate a male-centric framing.
Legal observers point out that this is not merely a procedural question but one with wide social impact. “If the Supreme Court holds that women can also be prosecuted under POCSO, it will formally establish the law’s gender neutrality something that has long been debated,” remarked a lawyer present in the courtroom.
At the same time, some child rights advocates say that the spirit of POCSO to protect every child from sexual harm already implies gender neutrality, regardless of linguistic inconsistencies.
Decision
The Supreme Court’s order to stay the trial marks a temporary pause but also signals that a crucial constitutional question is now under consideration: Can a woman be charged with penetrative sexual assault under the POCSO Act?
Case: Archana Patil v. State of Karnataka & Anr.
Case No.: Petition for Special Leave to Appeal (Criminal) No. 15777/2025
Petitioner: Archana Patil, 48-year-old art teacher from Bengaluru
Respondents: State of Karnataka and parents of the minor boy
Date of Order: October 2025
