The Allahabad High Court while emphasising on the application and objective of the Protection of Children from Sexual Offences (POCSO) Act to protect children under the age of majority (18) from sexual exploitation has raised concern over misuse of the Protection of Children from Sexual Offences (POCSO) Act particularly in consensual romantic relationships between teenage persons.
The Single Bench of Hon’ble Krishan Pahal J. of Allahabad High Court while dealing with a bail application has stated that, “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.”
The court, while placing reliance on the judgment passes by Apex court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, has expressed that,
“The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because he or she is accused of committing an offence until the guilt is established beyond a reasonable doubt.”
The Court provided following important factors which are crucial to be considered by courts while addressing such case-
A. Assess the Context: Each case should be evaluated on its individual facts and circumstances. The nature of the relationship and the intentions of both parties should be carefully examined.
B. Consider Victim's Statement: The statement of the alleged victim should be given due consideration. If the relationship is consensual and based on mutual affection, this should be factored into decisions regarding bail and prosecution.
C. Avoid Perversity of Justice: Ignoring the consensual nature of a relationship can lead to unjust outcomes, such as wrongful imprisonment. The judicial system should aim to balance the protection of minors with the recognition of their autonomy in certain contexts. Here the age comes out to be an important factor
D. Judicial Discretion: Courts should use their discretion wisely, ensuring that the application of POCSO does not inadvertently harm the very individuals it is meant to protect.
The Court while allowing the bail application filed by one Satish Alias Chand seeking bail in Case Crime No.205 of 2023, under Sections 363, 366, 376 I.P.C. and 5(J)2/6 POCSO Act, Police Station- Barahaj, District- Deoria, has further added that,
“This court has every now and then expressed concern regarding the application of the Protection of Children from Sexual Offences (POCSO) Act on adolescents. While the 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.”
Case details:
Before: Allahabad High Court
Bench: Hon’ble Krishan Pahal J.
Case: CRIMINAL MISC. BAIL APPLICATION No. - 18596 of 2024
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