The Allahabad High Court recently highlighted that while the primary aim of the Protection of Children from Sexual Offences (POCSO) Act is to safeguard minors under 18 from sexual exploitation, concerns have arisen over its misuse in cases involving consensual romantic relationships between teenagers.
“This court has every now and then expressed concern regarding the application of the Protection of Children from Sexual Offences (POCSO) Act on adolescents,” said the bench of Justice Krishan Pahal.
He emphasised that when addressing cases of consensual romantic relationships between teenage persons, it is crucial to: (a) assess the context, (b) consider victim’s statement, (c) avoid perversity of justice, and (d) exercise judicial discretion.
“Courts should use their discretion wisely, ensuring that the application of POCSO does not inadvertently harm the very individuals it is meant to protect,” the single judge bench said.
Further, the bench highlighted that the challenge lies in distinguishing between genuine cases of exploitation and those involving consensual relationships. This requires a nuanced approach and careful judicial consideration to ensure justice is served appropriately, the bench opined.
The court was dealing with a criminal bail application filed by one Satish Alias Chand in a case registered under Sections 363, 366, 376 of the I.P.C. and 5(J)2/6 of the POCSO Act at Barahaj Police Station in Deoria district of Uttar Pradesh.
The allegation against the accused was that he enticed a minor girl and raped her.
The accused argued that he had been falsely implicated and the alleged victim was a consenting party as was evident from her statement recorded under Section 164 Cr. P.C.
The accused’s counsel submitted that the girl and the accused, who were neighbors, were deeply in love and eloped due to fear of their parents and solemnized their marriage at a temple. The couple now has a child as well. He further highlighted that as per the ossification test report, the age of the victim is 18 years.
The high court, considering the facts and circumstances of the case, allowed the bail application.
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