The Bombay High Court observed that unless the matter is clarified by the Central Government upon directions of the Hon’ble Supreme Court, the Court should not consider such cases wherein the question is of adolescence love.

An application was filed seeking quashing of proceedings under the Protection of Children from Sexual Offences Act (POCSO) stating that there was consensual love relations between the girl (aged 17 years old) and boy (aged 26 years).

The Bench of Justice Sanjay A. Deshmukh and Justice Vibha Kankanwadi observed, “If the Courts start accepting that a fairly major boy of age 25 years on-wards takes such step of taking away the girl who is a minor and then now comes with the defence of adolescent love, then it will not be good sign from the legal point of view, because particular acts are legislated with certain aims and objects. Now unless the things are clarified by the Central Government upon directions of the Hon’ble Supreme Court, we should not consider such cases (we are carving out those cases wherein both the parties are adolescent and innocent).”

Advocate Dhananjay M. Shinde represented the Applicant, while Advocates V.K. Kotecha and Narayan Y. Chavan represented the Respondents.

Case Brief

An FIR was lodged after the information was given by the Hospital that a minor girl delivered a child to Police. It was the case of the Applicant that the boy and the girl ran away as parents from both sides were not in favour of their marriage and then they performed marriage in a Temple in 2023.

In her affidavit-in-reply, the minor girl submitted that at the time of marriage she was of understanding age and if the applicant is prosecuted and punished then she herself and she would suffer as there is no one to look after them.

However, the State contended that the Applicant had the knowledge about the age of the girl and in spite of that as well as the fact that there was no consent to the said marriage either from the parents of the girl or from his own parents, he had kidnapped her from the legal custody of her parents.

Court’s Analysis

The Court opined that the present case is the classic example and one of the case wherein the burning issue of child marriage is involved. The Court further referred to Re: Right To Privacy of Adolescents (2025), in which the Supreme Court has shown concern regarding criminalization of consensual adolescent relationships under POCSO Act.

The Division bench highlighted that the object with which the POCSO Act was introduced was introduced to protect children from sexual assault, sexual harassment and child pornography and provide for establishment of Special Courts for trial of such offences.

However, the Court observed, “The fact which cannot be brushed aside is that the applicant was around 26 years of age at the time of alleged marriage. At least he ought to have understood that he should wait till the girl attains 18 years of age. Then in spite of having knowledge that the girl is minor, when he takes her away from the legal custody of her parents, from that point itself he commits the offence. Merely because now the girl has given birth to the daughter, we are of the opinion that this should not wipe out the acts of the applicant.”

Additionally, the Court said that if the Courts start accepting that a major boy of age 25 years on-wards takes such step of taking away the girl who is a minor and comes with the defence of adolescent love, then it will not be good sign from the legal point of view, because particular acts are legislated with certain aims and objects.

“We, therefore, do not find this to be a fit case where we should exercise our powers under Section 482 of the Code of Criminal Procedure by making the case as of exceptional circumstances”, the Court observed.

Accordingly, the Court rejected the Application.

Cause Title: X V. State of Maharashtra (Neutral Citation 2025:BHC-AUG:16016-DB)

Appearance

Applicant: Advocate Dhananjay M. Shinde

Respondents: Advocate V.K. Kotecha for Respondent No. 1 and Advocate Narayan Y. Chavan for Respondent No. 2.

Click here to read/download Order.

Bombay High CourtJustice Sanjay A. DeshmukhJustice Vibha Kankanwadi

Pridhi Chopra

    Pridhi Chopra was earlier practicing as an Advocate in Delhi. She pursued B.A. (H) English from Gargi College, University of Delhi, and subsequently pursued a degree in Law.