POCSO Act Not for Punishing Consensual Teen Relationships, Says Allahabad High Court
The Allahabad High Court has said that the POCSO Act, which protects children under 18 from sexual abuse, was never meant to criminalize consensual romantic relationships between teenagers.
Justice Krishan Pahal made this important remark while granting bail to an 18-year-old boy, who was accused of raping a 16-year-old girl. The Court emphasized that when the relationship is clearly consensual and based on love, it should be taken into account, especially during bail hearings.
The boy had been arrested in March 2025 under several charges, including Sections 137(2), 87, 65(1) of the BNS (Bharatiya Nyaya Sanhita) and Section 3/4(2) of the POCSO Act.
The defense lawyer argued that:
- The relationship was consensual.
- There was no medical evidence to support the rape accusation.
- The FIR was filed 15 days after the incident.
- The boy had no past criminal record.
- He would not misuse bail if granted.
The judge agreed that ignoring the victim’s statement and keeping the boy in jail would be unfair. He noted that the POCSO law is increasingly being misused in cases where young people are in mutual relationships.
The Court carefully reviewed the case, including the delay in filing the FIR and the lack of medical proof, and granted bail without making any decision on the final outcome of the case.
Case Title:
Raj Sonkar vs. State Of U.P. And 3 Others – 2025 LiveLaw (AB) 165
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