POCSO Act being misused in cases involving relationships between teenagers: HC

Prayagraj: Granting bail to a man who allegedly eloped with and married a minor girl, the Allahabad High Court has expressed concern over the POCSO Act being “misused” in cases involving consensual romantic relationships between teenagers.

Justice Krishan Pahal said the challenge lies in distinguishing between genuine cases of exploitation and those involving consensual relationships.

“While the POCSO Act’s primary objective is to protect children under the age of majority (18) from sexual exploitation, there are cases where it has been misused, particularly in consensual romantic relationships between teenage persons ” the court said in its order dated July 3.

“The challenge lies in distinguishing between genuine cases of exploitation and those involving consensual relationships. This requires a nuanced approach and careful judicial consideration to ensure justice is served appropriately,” it said.

Granting bail to the accused, Satish alias Chand, Justice Pahal said, “Admittedly, the age of the victim is 18 years as per the ossification test report. The Supreme Court in Jaya Mala vs. State of J&K 1982 and in another case has opined that the radiologist cannot predict the correct date of birth rather there is a long margin of 1 to 2 years on either side.”

Satish had been in jail since January 5.

According to the prosecution, Satish allegedly enticed the minor daughter of the complainant on June 13, 2023.

An FIR was lodged against him under sections 363 (kidnapping), 366 (kidnapping and abducting a woman to compel her marriage or to cause her defilement) and 376 (rape) of the Indian Penal Code and under the Protection of Children from Sexual Offences (POCSO) Act at Barahaj police station in Deoria district.

During the court proceedings, Satish’s counsel argued that his client was falsely implicated in the case.

The victim is a consenting party which is evident from her statement and as per her statement, she was 18 years old, Satish’s counsel said.

The victim and the petitioner were in love with each other. They eloped and solemnized their marriage in a temple out of the fear of their parents. The two belong to the same village and were neighbours, the counsel said.