Adolescents Should Be Allowed To Have Romantic Relationships Without Fear Of Criminalization: Delhi High Court In POCSO Case

While dealing with a POCSO case, the Delhi High has recently observed that adolescents should be allowed to engage in romantic and consensual relationships without the fear of criminalization.

Affirming that consensual and respectful adolescent love is a natural part of human development, Justice Jasmeet Singh said:

“I believe that societal and legal views on adolescent love should emphasize the rights of young individuals to engage in romantic relationships that are free from exploitation and abuse.”

“Love is a fundamental human experience, and adolescents have the right to form emotional connections. The law should evolve to acknowledge and respect these relationships, as long as they are consensual and free from coercion,” the Court added.

It said that while the legal age of consent is important for protecting minors, the focus of the law should be on preventing exploitation and abuse rather than punishing love.

“The legal system must safeguard the rights of young individuals to love while ensuring their safety and well-being. I advocate for a compassionate approach that prioritizes understanding over punishment in cases involving adolescent love,” the Court said.

Furthermore, the Court observed that it would be harsh and unjust to convict an individual under the POCSO Act without definitive proof of the age of the prosecutrix, especially when the age difference between the minor victim and the age of majority is of only one or two years.

“However, this principle may not apply if other documents, such as a school attendance register or an affidavit from a parent, indicate that the victim is under 14 or 15 years old. Since the age gap in such cases is large and disregarding the POCSO Act in such cases would be a miscarriage of justice,” it said.

Justice Singh upheld a trial court decision acquitting a man under Section 4 of the Protection of Children from Sexual Offences Act, 2012 in February 2020.

Dismissing prosecution's appeal against the trial court order, the Court noted that the prosecutrix had categorically stated that the relationship between her and the accused was with her consent.

It further noted that during her court testimony, she had deposed that the physical relations were made between her and the accused with her consent.

Therefore, the Court said that it was not proved beyond reasonable doubt by the prosecution that the prosecutrix was a minor at the time of incident and that she was certain that the relationship was with her consent.

“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.

It added: “Therefore, 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, 21 days old.”

Title: STATE v. HITESH

Citation: 2025 LiveLaw (Del) 197

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