Karnataka High Court: POCSO Act Not Meant for Criminalizing Consensual Adolescent Relationships

In a significant ruling, the Karnataka High Court has quashed a criminal case against a 21-year-old individual booked under the Protection of Children from Sexual Offences (POCSO) Act and other provisions for marrying a minor girl. Justice Hemant Chandangoudar emphasized that the POCSO Act is intended to protect minors from sexual abuse, not to criminalize consensual relationships between adolescents.

The case arose from the Bengaluru Police accusing the individual of marrying and having a sexual relationship with a minor girl. However, the court considered the socio-economic background of the accused and the girl, noting their limited access to information about the consequences of their actions.

"The object of the POCSO Act is to protect minors from sexual abuse and not to criminalize the consensual relationship between two adolescents who had consensual sexual intercourse without knowing the consequences," remarked Justice Chandangoudar.

The accused sought the quashing of the case, asserting that all actions took place with the girl's consent. In a joint affidavit, the survivor and her parents stated that the marriage occurred inadvertently and in ignorance of the law. The couple now has a child, and the girl and newborn are financially dependent on the accused.

While the state opposed the plea, arguing the heinous nature of the offenses, the court considered the economic status of the survivor's family. Justice Chandangoudar reasoned that continuing criminal proceedings would lead to the incarceration of the accused, causing more misery to the survivor and her child than securing justice.

"Though having sexual intercourse with a minor even with consent is an offense, it would be appropriate to quash the proceedings, considering the facts and circumstances of the case," the court stated. The immediate release of the petitioner from judicial custody was ordered.

This ruling underscores the nuanced approach required in cases involving consensual relationships between adolescents, balancing the need to prevent sexual abuse with an understanding of socio-economic realities and unintended consequences for the individuals involved.

Author: Anushka Taraniya

News Writer, MIT ADT University