Allahabad High Court: POCSO Act Not for Criminalising Consensual Relationships
The Allahabad High Court has clarified that the POCSO Act was introduced to protect minors from sexual exploitation, not to criminalise consensual romantic relationships between adolescents.
Justice Krishan Pahal, while granting bail to an 18-year-old boy, observed that ignoring the victim’s statement in such cases would amount to “perversity of justice.” The Court emphasised that consensual love relationships among young individuals should be taken into account during bail hearings.
The case involved a boy arrested in March on charges under Sections 137(2), 87, 65(1) BNS, and Sections 3/4(2) of the POCSO Act for allegedly raping a 16-year-old girl. The defence argued that the relationship was consensual, there was no medical evidence supporting the allegations, and the boy had no prior criminal record.
The Court also noted a 15-day delay in filing the FIR and absence of medical corroboration. Without commenting on the merits of the case, the bench granted bail, stressing that the Act must not be misused in cases of consensual adolescent relationships.
Case Title: Raj Sonkar vs. State of U.P. and 3 Others, 2025 LiveLaw (AB) 165L
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