Misuse Of POCSO Act In Consensual Adolescent Relationships On Rise: Madras High Court Directs Chief Secretary To Create Public Awareness

The High Court, while making these observations, emphasised the need for greater public awareness regarding the stringent provisions of the statute.

The Court was hearing a criminal appeal challenging the conviction of the appellant for offences under the Indian Penal Code and the Protection of Children from Sexual Offences Act recorded by a Special Court.

A Bench of Justice N. Mala, while took note that “POCSO Act cases filed at the behest of the girl's family, objecting the romantic involvement with young boys, have become common place resulting in the boys languishing in jail”, further observed that “wide publicity to POCSO Act and its stringency, will be helpful in controlling the menace, as pointed out by the Hon'ble Supreme Court.”

The Bench accordingly directed the Chief Secretary of Tamil Nadu to “take immediate and positive steps to comply with Section 43 of the POCSO Act, in order that awareness is created in the general public, children and parents on the uncompromising provisions of the Act”.

Background

The case arose from criminal proceedings initiated under the Protection of Children from Sexual Offences Act and the Indian Penal Code. Following the investigation, a final report was filed, and the matter proceeded to trial before the Special Court constituted for cases under the statute.

During the trial, the prosecution examined several witnesses and relied upon documentary and medical evidence in support of the charges. Upon completion of the trial, the Special Court convicted the accused of the alleged offences and imposed sentences of imprisonment.

Aggrieved by the conviction and sentence, the appellant approached the High Court in appeal seeking an acquittal. The defence contended that the prosecution's evidence suffered from material inconsistencies and that the case did not disclose the commission of the alleged offences. It was further argued that the prosecution had failed to establish essential foundational facts necessary to sustain the conviction.

The State opposed the appeal and supported the findings of the trial court, submitting that the conviction was based on proper appreciation of the evidence on record.

Court’s Observation

The High Court undertook an appellate scrutiny of the evidentiary material and the reasoning adopted by the trial court. A central issue before the Court concerned the proof of a foundational fact that formed the basis for invoking the provisions of the Protection of Children from Sexual Offences Act.

The Court noted that the prosecution relied upon photocopies of documents to establish this foundational fact. However, the originals of those documents were admittedly available but had not been produced before the trial court.

Referring to settled principles governing documentary evidence, the Court observed that primary evidence must be produced where available and that secondary evidence can be admitted only upon satisfactory explanation for the non-production of the original documents. In the absence of such an explanation, photocopies cannot be relied upon to establish crucial facts.

The Court held that the trial court failed to examine the admissibility of the documents and placed reliance upon photocopies while determining a foundational issue in the case. This, the Court observed, constituted a serious evidentiary error.

Once the photocopies were excluded from consideration, the Court found that the prosecution failed to establish the foundational fact necessary for sustaining the conviction under the Protection of Children from Sexual Offences Act.

The Court further noted that the circumstances of the case reflected a situation where criminal proceedings had arisen from a "consensual adolescent relationship that later deteriorated due to parental differences". The Court observed that in such cases, the young boy often faces prosecution under the statute after the relationship collapses.

The Court referred to judicial observations highlighting concerns regarding the misuse of the statute in cases involving adolescent relationships. It noted that the Supreme Court in State of U.P. Vs. Anurudha and Another (2026) had also emphasised the need to consider measures to address such situations, including possible legislative mechanisms to deal with genuine adolescent relationships.

The Court further emphasised the statutory mandate requiring governments to ensure wide publicity of the provisions of the Protection of Children from Sexual Offences Act through media and other awareness measures. According to the Court, lack of awareness regarding the stringent provisions of the statute contributes to its misuse.

"If the provisions of Section 43 of the POCSO Act are followed in letter and spirit, the menace as pointed out by the Apex Court, to an extent, can be curbed", the Court concluded.

Conclusion

Allowing the appeal, the High Court set aside the conviction and sentence imposed by the trial court and acquitted the appellant of all charges.

The Court directed that the appellant be released from custody forthwith unless his presence was required in connection with any other case.

The Court further directed the Chief Secretary of the State to take steps to ensure compliance with statutory provisions requiring public awareness of the Protection of Children from Sexual Offences Act.

The authorities were directed to consider organising awareness programmes and camps in educational institutions to inform children, parents and the general public about the stringent provisions and consequences of the statute, and to file a status report regarding the measures undertaken.

Cause Title: Mahesh v. State represented by Inspector of Police

Appearances

Appellant: Advocate K. Karnan

Respondent: Advocate A. Thiruvadikumar

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