Adolescents Have The Right To Engage In Consensual And Coercion-Free Relationships: Delhi HC Upholds Acquittal In POCSO Case

The Delhi High Court has underscored the need for a compassionate legal approach towards adolescent romantic relationships, affirming that consensual and respectful adolescent love should not be criminalized under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

The Single Bench of Justice Jasmeet Singh, while deciding a POCSO case, observed that young individuals have the right to form emotional connections and that the legal system should focus on preventing exploitation and abuse rather than punishing consensual relationships.

"Love is a fundamental human experience, and adolescents have the right to engage in romantic relationships that are consensual and free from coercion. The law must evolve to acknowledge and respect these relationships," the Court stated.

The Court further remarked that convicting an individual under the POCSO Act without definitive proof of the prosecutrix’s age would be harsh and unjust, particularly when the age difference between the minor and the legal age of majority is one or two years. However, the Bench clarified that this principle would not apply in cases where official documents such as school records or affidavits from parents establish that the victim is significantly below the age of consent.

The Court upheld the acquittal of an accused man by a trial court in February 2020 under Section 4 of the POCSO Act. Dismissing the prosecution's appeal, it noted that the prosecutrix had consistently maintained that her relationship with the accused was consensual. During her testimony, she also confirmed that the physical relations occurred with her consent.

Since the prosecution failed to prove beyond reasonable doubt that the prosecutrix was a minor at the time of the incident, the Court ruled in favor of the accused.

Recognizing the strict age-based framework of the POCSO Act, the Court noted that the law does not differentiate between a minor who voluntarily engages in a romantic relationship and one who is coerced. "The POCSO Act was promulgated for the protection of children. The Act, however, did not choose to draw any distinction as to a girl of less than 18 who chooses a partner out of her own choice and volition. Therefore, any sexual act or intercourse by a man with such a girl would constitute an offence under various provisions of the POCSO Act of 2012," the Court said.

However, in cases where a minor is "certain and unshaken" in her opinion and desire, the Court said it would be unfair to disregard her autonomy solely due to her being under 18 years of age.

"...the age of majority as prescribed, must be construed and interpreted in the context of the law for which it is being considered, and in a case of this nature, where the minor is certain and unshaken in her opinion and desire, it would not be right and proper for this Court to brush aside her views on the ground that she is not 18 years of age as on date and is only 16 years, 10 months, and 21 days old," it said.

Accordingly, the Court held, "I am of the view that it has not been proved beyond reasonable doubt by the prosecution that the prosecutrix is a minor as well as the prosecutrix is certain that the relationship was with her consent. For the said reasons, I am of the view that the impugned judgement dated 10.02.2020 passed by the learned ASJ-04 (POCSO), South-West, Dwarka Courts, New Delhi in in SC No. 440648/2016 arising out of FIR No. 317/2014 registered at PS Jaffarpur under Section 4 of the POCSO Act is well reasoned and does not require any interference."

Cause Title: State v. Hitesh [Neutral Citation No. 2025: DHC: 944]

Appearance:-

Petitioner: APP Yudhvir Singh Chauhan

Respondent: Advocates Vinay Kumar Sharma, Prince, Aaditya, Ritu Kumari

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