POCSO Act is not meant to criminalise adolescent consensual relationships: Allahabad HC

The court said that the POCSO Act has nowadays become a tool of exploitation of adolescents and stressed that the fact of consensual relationship borne out of love should be of consideration while granting bail in such cases.

Highlighting that the Prevention of Children from Sexual Offences (POCSO) Act was never intended to criminalise consensual romantic relationships between adolescents, the Allahabad High Court observed that the Act was formulated to protect children under the age of eighteen years from sexual exploitation.

Allahabad High Court (HT File Photo)

In its observation, the court said that the POCSO Act has nowadays become a tool of exploitation of adolescents and stressed that the fact of consensual relationship borne out of love should be of consideration while granting bail in such cases.

The court further said that it would amount to the perversity of justice if the statement of the victim in such cases is ignored, and the accused is left to suffer behind jail.

The observations were pronounced by Justice Krishan Pahal while granting bail to one Mrigraj Gautam alias Rippu.

“POCSO was formulated to protect children under the age of 18 years from sexual exploitation. Nowadays, more often than not, it has become a tool for their exploitation. This Act was never meant to criminalise consensual romantic relationships between adolescents. However, this has to be seen from the facts and circumstances of each case”.