Bombay High Court Rules POCSO Act Not Meant to Punish Minors in Consensual Relationships

In a recent judgement on a bail application, the Bombay High Court observed that the Protection of Children from Sexual Offences (POCSO) Act was not enacted to punish minors in a romantic or consensual relationship. 

The Court made this observation while granting bail to a 23-year-old man who was booked on charges of raping a minor [Imran Iqbal Shaikh v. State of Maharashtra].

Justice Anuja Prabhudessai noted from the statement of the victim’s mother that the relationship between her daughter and the applicant-accused was a consensual one. The Court stated that, “The Applicant was also a young boy of 22 years of age at the time of the incident. The statement of the first informant, prima facie indicates that the relationship was consensual. It needs to be noted that the POCSO Act has been enacted to protect children from offences of sexual assault, sexual harassment etc., and contains stringent penal provisions as to safe guard the interest and the well being of the children. The object is certainly not to punish minors in romantic or consensual relationship and brand them as criminals.”

The Court was hearing a plea filed by one Imran Shaikh, who was booked by the Mumbai Police for allegedly kidnapping and then raping a minor girl. However, the girl testified that it was a consensual relationship and that she had left her parents’ house on her own in December 2020 and wasn’t kidnapped. Her mother filed a kidnapping and rape case against the applicant, after which he was arrested in February 2021 and has been in jail since then.

The Court ordered the release of the applicant on bail, noting that he had been in custody since February 17, 2021 and that the trial had not yet commenced. The Court further stated that detaining him further would bring him in association with hardened criminals which would be detrimental to his interest.

The Court’s ruling serves as an important reminder that the POCSO Act was not enacted to punish minors in a romantic or consensual relationship. The Court’s ruling also highlights the importance of protecting the interests and well-being of children, and ensuring that minors in consensual relationships are not branded as criminals.