POCSO Act Aims to Protect Children, Not Criminalise Young Love: Delhi High Court
The Delhi High Court has clarified that the Protection of Children from Sexual Offences (POCSO) Act is meant to safeguard minors from sexual abuse, and not to criminalise consensual romantic relationships between young adults.
The observation came from Justice Jasmeet Singh while granting bail to an accused in a case involving Sections 363, 366, and 376 of IPC and Sections 6 and 17 of the POCSO Act.
In the case, a 17-year-old girl had been married by her family in June 2021, but she did not want to stay with her husband. In October 2021, she went to her friend (the accused), and they traveled to Punjab and got married. Later, her father filed an FIR against the accused, leading to his arrest.
The accused had been in custody since December 31, 2021. His lawyer argued that the girl had approached the Punjab and Haryana High Court, asking for protection from her parents, which proved that she acted of her own free will.
Justice Singh remarked:
“The intention of POCSO is to protect children under 18 from sexual exploitation. It was not designed to punish consensual romantic relationships. Every case must be looked at in its specific context.”
He further pointed out that the victim herself visited the accused and requested marriage, and the relationship appeared to be genuinely romantic and consensual, even though she was legally a minor.
“While a minor’s consent may not have legal value, the fact that a consensual relationship existed should be considered while deciding bail,” said the Court.
The Court warned that ignoring the victim’s statement and keeping the accused behind bars would amount to miscarriage of justice.
It also referred to the Madras High Court’s ruling in Vijayalakshmi vs State, which warned that POCSO could be misused to harass couples involved in consensual relationships.
In conclusion, the Court granted bail and emphasized that while legal protection of minors is essential, the spirit of the law must be preserved, especially in consensual and non-coercive relationships.
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