Allahabad High Court Addresses Misuse of POCSO Act in Teenage Consensual Relationships

The Allahabad High Court has raised concerns over the misuse of the Protection of Children from Sexual Offences (POCSO) Act in cases involving consensual romantic relationships between teenagers. The Single Bench of Hon’ble Krishan Pahal J. emphasized the importance of distinguishing between genuine cases of exploitation and those involving consensual relationships, advocating for a nuanced and careful judicial approach.

Case Background:

The court was hearing a bail application filed by Satish Alias Chand in Case Crime No.205 of 2023, under Sections 363, 366, 376 of the Indian Penal Code (IPC) and Sections 5(J)2/6 of the POCSO Act, related to an incident in Deoria district. The application sought bail for the accused in the context of the case.

Court’s Observations:

Justice Krishan Pahal highlighted the challenge of distinguishing between genuine exploitation and consensual relationships. The court relied on the Supreme Court’s judgment in Satender Kumar Antil vs. Central Bureau of Investigation and another, reiterating the principle of “Presumption of Innocence Unless Proven Guilty,” which supports bail as a rule and imprisonment as an exception.

Important Factors Considered:

The court outlined several critical factors to consider while addressing such cases:

1. Assess the Context: Each case should be evaluated based on its facts and circumstances, examining the nature of the relationship and the intentions of both parties.
2. Consider Victim’s Statement: The statement of the alleged victim should be given due weight. If the relationship is consensual and based on mutual affection, this should influence decisions regarding bail and prosecution.
3. Avoid Perversity of Justice: Ignoring the consensual nature of a relationship can lead to unjust outcomes, such as wrongful imprisonment. The judicial system should balance the protection of minors with recognizing their autonomy in certain contexts.
4. Judicial Discretion: Courts should exercise their discretion wisely, ensuring that the application of POCSO does not inadvertently harm the very individuals it is meant to protect.

Decision:

Allowing the bail application of Satish Alias Chand, the court reiterated its concerns about applying the POCSO Act to adolescents. The court acknowledged that while the Act’s primary objective is to protect minors from sexual exploitation, it has been misused in consensual romantic relationships between teenagers. The court granted bail subject to specific conditions to ensure justice is served appropriately.

Case Details:

• Court: Allahabad High Court
• Bench: Hon’ble Krishan Pahal J.
• Case: CRIMINAL MISC. BAIL APPLICATION No. – 18596 of 2024

This ruling underscores the need for careful judicial consideration in cases involving the POCSO Act to prevent misuse and ensure justice aligns with the Act’s intent to protect minors.