“POCSO to protect minors from sexual exploitation, not to criminalize consensual romantic relationship btw adults": Delhi HC

The Delhi High Court observed that the intention of Prevention of Children from Sexual Offences (POCSO) was to protect children below the age of 18 years from sexual exploitation and was never meant to criminalize consensual romantic relationships between young adults.

Justice Jasmeet Singh cautioned that “However, this has to be seen from facts and circumstances of each case. There might be cases where the survivor of a sexual offence, may under pressure or trauma be forced to settle.”

The single-judge bench was hearing a bail application by a young man against an FIR that had been filed by a 17-year-old girl’s father who alleged that on June 30, 2021, his daughter was married to 'Z' by her family. On October 27, 2021, the applicant took the girl to his house, and thereafter, on October 28, 2021, they both got married in Punjab.

On October 20, 2022, the court noted that the daughter of the complainant had approached the Punjab and Haryana High Court, stating that she had married the applicant out of her own will and that her parents were threatening to cause harm to her and her husband. Subsequently, the High Court directed the police to provide adequate and appropriate protection to the couple.

Thereafter, on the same day, Justice Singh interacted with the girl in his chambers and further noted that the minor girl (at the time of marriage), married the applicant of her free will and without any undue influence, threat, pressure, or coercion and that even today wants to stay with him.

Thus, the single-judge bench stated, “this is not a case where the girl was coerced into the relationship with the boy. In fact, Ms. “A”, herself went to the applicant’s house and asked him to marry her. The statement of the victim makes it clear that this is a romantic relationship between the two and that the sexual act involved between them was consensual.”

“Although the victim is minor and hence her consent does not have any legal bearing, I am of the opinion that the factum of a consensual relationship borne out of love should be of consideration while granting bail,” Justice Singh further observed.

Furthermore, the court added, “To ignore the statement of the victim and let the accused suffer behind the jail, in the present case, would otherwise amount to the perversity of justice”.

Accordingly, the single-judge bench granted bail to the applicant (young man) on a personal bond and surety bond of Rs. 10,000/- each, and disposed of the application.

Case Title: X. v. State Govt. of NCT of Delhi and Anr.