Delhi High Court Grants Interim Bail in Unique Case Involving POCSO Act and Islamic Marriage

Court acknowledges consensual relationship and marriage under Islamic law, granting bail amidst absence of victimization claims.

News Report:  

In a distinctive and unprecedented judgment, the Delhi High Court granted interim bail to Hamid Raza, involved in a case under the Protection of Children from Sexual Offences Act (POCSO) and Indian Penal Code (IPC) sections 363 and 376. The petitioner, Hamid Raza, and the prosecutrix, who were involved in a consensual relationship, later married under Islamic law and have a child. Despite the prosecutrix being a minor at the time of the relationship, the Court noted the absence of victimization claims by either party, leading to this unique legal decision.

Justice Arun Monga, presiding over the case, highlighted the peculiar nature where neither party sees themselves as victimized, yet the petitioner faces legal repercussions due to statutory provisions concerning the age of consent. The prosecutrix, now claiming to be 20 years old, has been confined in a Child Welfare Centre, while Raza remains in jail pending trial. The Court acknowledged the valid marriage certificate issued by a Qazi and the presence of their child, considering these factors while granting interim bail.

The judgment issued directions for Raza to furnish a personal bond of Rs. 10,000 and be released on interim bail. The Court also directed the Child Welfare Centre to facilitate the presence of the prosecutrix at the next hearing and allowed daily visitation rights for Raza to meet his wife and child at the Centre.

The Court emphasized the importance of considering the cultural and religious context in legal proceedings, appreciating the assistance from experts in Islamic law and the efforts of Ms. Nandita Rao, Senior Advocate, in striving for a balanced adjudication.

The matter has been adjourned for further hearing on 23rd September 2025, with both parties expected to be present.

Bottom Line:

Grant of interim bail in a case involving minor prosecutrix under POCSO Act - Petitioner and prosecutrix married under Islamic Law, with a valid marriage certificate and a child born out of the relationship - Court allows interim bail to petitioner due to peculiar facts of the case and absence of victimization claims by either party. 

Statutory provision(s): Protection of Children from Sexual Offences Act, 2012, Indian Penal Code Sections 363 and 376

Hamid Raza v. State of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2781694