POCSO Act is meant to protect minor children from sexual exploitation and not criminalize consensual romantic relationships

Bench: Justice Jasmeet Singh

As the Delhi High Court recently noted, the Protection of Children from Sexual Offences (POCSO) Act is meant to protect minor children from sexual exploitation and not criminalize consensual romantic relationships between young adults.

However, the single-judge added that each case must be considered independently based on the facts because there might be cases wherein the survivor of a sexual offense may, under pressure, be forced to settle.

The Court made the observations while granting bail to a man charged with the provisions of the Act as well as for rape under the Indian Penal Code (IPC).

It was alleged that in 2021, a minor 17-year-old girl married a man and after hours moth, she came to the house of the applicant and married him.

Upon interaction, the girl said she had married the applicant of her own free will. She further said that she wants to stay with the applicant.

HELD

After considering the case and hearing the parties, the court held that the girl was not coerced into the relationship with the boy. It is true that the victim is a minor, and thus her consent has no legal bearing, but the fact that a consensual relationship was formed out of love should be considered when granting bail.

Further, the judge stated that the present proceedings are about granting bail and not quashing the first information report (FIR); thus, the applicant's slate is not wiped clean.