Delhi HC: POCSO Act Protects Minors, Not Criminalizes Young Love
The Delhi High Court has clarified that the Protection of Children from Sexual Offences (POCSO) Act was designed to shield minors from sexual abuse and not to criminalize consensual romantic relationships between young adults.
Court Grants Bail to Accused
Justice Jasmeet Singh made this statement while granting bail to a man accused under various sections of the IPC and POCSO Act. The case involved a 17-year-old girl who left her family-arranged marriage and went to her friend’s house. The two later traveled to Punjab, where they got married. The girl’s father then filed an FIR against the accused, leading to his arrest.
The accused had been in judicial custody since December 2021. His lawyer argued that the girl had previously approached the Punjab and Haryana High Court, seeking protection from her parents.
POCSO’s Intent Must Be Considered
Justice Singh emphasized that while POCSO is meant to protect minors from exploitation, each case must be assessed individually. He noted that if a minor willingly enters a romantic relationship, it should be considered when deciding on bail.
The court also referenced a previous ruling by the Madras High Court, which warned that the POCSO Act should not be misused to unfairly prosecute individuals in consensual relationships.
Legal Recognition of Consensual Relationships
While the court acknowledged that a minor’s consent has no legal validity, it stressed that a consensual relationship formed out of love should be considered when granting bail. Justice Singh stated that ignoring the victim’s statement and keeping the accused in jail would be a miscarriage of justice.
The case highlights the ongoing legal debate around the age of consent and the application of the POCSO Act in cases involving young lovers.
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