By Kawanpreet Kaur 

The Allahabad High Court observed that while the objective of the POSCO Act is to protect children under the age of majority from sexual exploitation, the Act was being misused against teenagers in consensual relationships. The Court stated that such cases require careful judicial consideration to ensure justice is served properly. In this case, the accused was alleged of enticing away the informant’s minor daughter. The accused argued that the victim was a consenting party and was 18 years of age. Further, it was submitted that the accused and the victim were in love and eloped to get married in a temple, though their marriage is not officially registered. Moreover, the victim was six months pregnant at the time of the incident and had given birth to a daughter four months earlier and now, the applicant wishes to take responsibility for his child and is committed to supporting and living with his wife and newborn.

The Court laid down certain factors to be considered while dealing with such cases. Firstly, the context of each case should be assessed, and 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. Secondly, 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. Thirdly, the judicial system should aim to balance the protection of minors with the recognition of their autonomy in certain contexts. The age should be considered as an important factor. Lastly, the courts should use their discretion wisely, ensuring that the application of POCSO Act does not inadvertently harm the very individuals it is meant to protect. In this view, the Court noted the victim’s age as 18 years as per the ossification test report and held that no exceptional circumstances were present to deny bail to the applicant. Accordingly, the applicant was granted bail. (Satish Alias Chand vs. State Of U.P. And 3 Others- CRIMINAL MISC. BAIL APPLICATION No.- 18596 of 2024) 

Click here to read/download the order.