[POCSO Act] Teenage Love Falls In 'Legal Grey Area', Debatable If It Can Be Categorized As Offence: Delhi High Court

The Delhi High Court has recently observed that “teenage love” fall in a “legal grey area” and it is debatable if it can be categorized as an offence.

Justice Subramonium Prasad observed that the Court is coming across a number of cases where girls aged more than 17 years elope with boys of their choice and their parents force them to change their statement before the police when they are caught.

“The police also records such statements at a later stage which is completely contrary to the earlier statements. Majority of the statements recorded under Section 164 Cr.P.C also do not conform with the victim's earlier statements given by the victim under Section 161 Cr.P.C which is contradictory,” the court observed.

Justice Prasad made the observations while granting bail to a 22 year old man accused in a POCSO case.

The FIR was registered by father of 17 year old girl alleging that the accused misled his daughter and took her with him. The girl and boy were recovered in March 2022.

In her statement, the girl stated that she went to the house of her friend after informing her mother where she had called the accused for meeting. Both of them then purchased tickets went to Madhya Pradesh and started residing there in a rented accommodation.

She also stated that after residing there for 15 days, they went to Patna. On coming to know her father had filed a case, both of them took a train to New Delhi and a call was made to the police.

After 23 days, the girl made another statement wherein she stated that the accused told her that that her parents were searching for her and they would kill her if she goes back to her house. She stated that the accused took hwr to Madhya Pradesh and they started residing there in an accommodation arranged by his employer.

The statement also said that the girl asked the accused to take her to her parents in Delhi but he did not do so. It further said that his father and uncle came to Madhya Pradesh and they took them to Bihar and confined her there and gagged her mouth.

It was also stated that her forged documents were prepared for court marriage and that she had refused to marry the accused stating that she was a minor. As per the statement, she was beaten by the accused's relatives and their marriage was solemnized. It was also stated that the father of the accused had brought the girl to Delhi and handed her over to the Police.

Granting bail to the accused, the court observed that there was “material improvement” in the second statement of the girl which was recorded 23 days after her first statement stating that though she went to Madhya Pradesh with the accused on her own accord but was kept confined in Bihar and was forced to marry him.

“Teenage love and such offences fall in a legal grey area and it is debatable if that can be actually categorized as an offence. This Court at the moment is not commenting as to whether the offence has been committed by the Petitioner or not. This Court at the moment is only considering that the Petitioner, who at the time of incident was about 20 years of age and, as of today, he is 22 years of age, should be further kept in custody or not,” the court observed.

It noted that chargesheet was filed and conditions can be imposed restraining the accused from making contact to the girl.

“Keeping the Petitioner further in custody will be detrimental to the future of the Petitioner who is about 22 years of age. Considering the facts and circumstances of the case, this Court is inclined to grant regular bail to the Petitioner….,” the court said.

Title: SHUBHAM v. STATE OF NCT OF DELHI

Citation: 2024 LiveLaw (Del) 1066

Click here to read order