The Delhi High Court recently clarified that the Protection of Children from Sexual Offences (POCSO) Act is intended to safeguard minors from sexual abuse, not to criminalize consensual romantic relationships between young adults.
Justice Jasmeet Singh made this statement while granting bail to an accused involved in a case filed under Sections 363/366/376 of the Indian Penal Code (IPC) and Sections 6/17 of the POCSO Act. The case was registered last year when a 17-year-old girl left her husband and went to live with her friend, who later became her husband.
According to the court, the primary purpose of the POCSO Act is to protect children under 18 from sexual exploitation. However, in this specific case, the girl willingly approached her friend, and they got married. Her father lodged an FIR against the accused, but the court ruled that the relationship was consensual and romantic in nature.
Justice Singh emphasized that while the consent of a minor may not be legally valid, the context of a consensual relationship formed out of love should be considered when deciding on bail. The court also referred to a previous ruling by the Madras High Court in Vijayalakshmi vs State, which warned that the POCSO Act should not be misused to manipulate legal proceedings.
In this case, the accused, who had been in custody since December 2021, was granted bail as the court recognized the consensual nature of the relationship and saw no coercion involved.
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