POCSO Meant To Prevent Exploitation and Abuse; Not Punishing Adolescent Love: Delhi HC

The **Delhi High Court (HC)** ruled that **law should evolve to acknowledge and respect adolescent love**, emphasizing that the **focus should be on preventing exploitation rather than punishing consensual relationships**. The ruling came while upholding a **trial court's acquittal of a man accused under the POCSO Act** for allegedly having sexual relations with a 16-year-old girl. ### **Case Background:** The case originated in **December 2014**, when the **father of the girl filed a complaint** after she did not return home from tuition. **Suspicions were raised against the accused**, who was also missing. During the investigation, the **girl and her boyfriend were found in Dharuhera and brought back to Delhi**. The boyfriend was charged under **Section 4 of the POCSO Act** (penetrative sexual assault). ### **Court’s Observations & Verdict:** - **Inconsistencies in the Girl’s Age:** - The prosecution claimed she was **16 years, 10 months, and 21 days old** at the time. - However, her **mother and she herself claimed a different date of birth (making her younger)** but **failed to provide conclusive proof**. - The **court ruled that without clear evidence proving she was below 18, applying POCSO would be unfair**. - **Consent & Acquittal:** - The **girl’s statements confirmed the relationship was consensual**. - The **trial court found no evidence of coercion or force**. - The **Delhi HC upheld the acquittal**, ruling that **the prosecution failed to prove beyond reasonable doubt that a crime was committed**. ### **Key Legal Arguments & HC’s Standpoint:** - **POCSO Was Enacted to Prevent Exploitation, Not to Criminalize Love** - Justice Jasmeet Singh stressed that **while protecting minors is essential, adolescents should not be criminalized for expressing love**. - The **law does not currently differentiate between coercion and consensual relationships**, which can **lead to unjust criminalization** of young lovers. - **Age Considerations in Applying POCSO** - The judge noted that **if a prosecutrix is close to 17 and no conclusive age proof exists, applying POCSO might be unjust**. - However, **if a minor is proven to be below 14-15, ignoring POCSO would be a miscarriage of justice**. - **Legal System Must Be Compassionate & Evolve with Society** - Justice Singh said that **love is a fundamental human experience**, and the **law should prioritize understanding over punishment**. - He **advocated a nuanced approach**, **where adolescent love is respected while ensuring safety and protection from exploitation**. ### **State’s Argument Against Acquittal:** - The **State appealed against the acquittal**, arguing that: - The **girl’s age was below 18, so consent was legally irrelevant**. - The **POCSO Act applies strictly**, even if the relationship was consensual. ### **Final Judgment:** The **Delhi HC dismissed the State’s appeal**, ruling that: - The **acquittal was well-reasoned** and required **no interference**. - The **girl’s testimony and lack of conclusive age proof favored the accused**. - **Applying POCSO indiscriminately could criminalize natural adolescent experiences**, which is **not the law’s intent**. This judgment **reinforces the debate on age of consent laws in India** and highlights the **need for a more balanced legal approach to adolescent relationships**. Sources: * [**Lawbeat**](https://lawbeat.in/news-updates/pocso-meant-prevent-exploitation-and-abuse-not-punishing-adolescent-love-delhi-hc) * [**The Times of India**](https://timesofindia.indiatimes.com/city/delhi/prevent-abuse-but-dont-punish-young-love-hc/articleshow/118397005.cms) * [**The Hindu**](https://www.thehindu.com/news/cities/Delhi/law-should-evolve-to-respect-adolescent-love-delhi-hc/article69237855.ece)