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The plea highlighted that in such incidents the boy should not be arrested as there is no offence under the POCSO Act is made out
The Uttarakhand High Court has requested the state government to consider whether arrests can be avoided in cases where minor boys and girls go on dates, and the girl's parents file a complaint.
A division bench, comprising the Chief Justice Ritu Bahari and Justice Rakesh Thapliyal, suggested that recording a statement under Section 161 of the CrPC might be sufficient to avoid arresting the boy involved. The Court noted, "The State can examine the issue whether recording of the statement under section 161 of CrPC, would be sufficient not to arrest the boy, who has gone on a date with the girl, and at the most, he can be called for giving him advice not to indulge in these things, but he should not be arrested.”
The Court was addressing a petition that sought directions for the State to review instances of minors being arrested after the girls' parents lodged complaints against the boys. Advocate Manisha Bhandari, who filed the PIL, highlighted that boys are often treated as the sole culprits and punished in such cases, which she argued is unfair. She argued that in such incidents “the boy should not be arrested as first there is no offence under sections 3, 4, 5, 6 and 7 of the POCSO Act, is made out.”
The Court also recommended that the state examine the issue and potentially issue general directions to the police department.
The matter is scheduled for further hearing on August 6.
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