Punishing An Adolescent Boy Who Enters Into A Relationship With A Minor Girl Was Never The Objective Of POCSO Act: Madras High Court

30Jan,2021

Punishing An Adolescent Boy Who Enters Into A Relationship With A Minor Girl Was Never The Objective Of POCSO Act: Madras High Court


The Madras High Court never observed the intent of the POCSO Act on Wednesday to prosecute an adolescent boy who enters into a relationship with a minor girl by treating him as an accused. The remarks were made while highlighting the rampant abuse of the POCSO Act by families for punishing their teenage daughters' partner. Therefore, A Single Bench of Justice N. Anand Venkatesh insisted. The judge dealt with a case in which a 20-year-old boy was arrested for the abduction and sexual harassment of a young girl by the police. "In this case, the Judge noted that the victim was in a consensual relationship with the accused, "Incidents of this nature continue to occur frequently even now in villages and towns and sometimes in cities. After a complaint is lodged by the parents or relatives, under the POCSO Act, the police report FIRs for kidnapping offences and other offences.
Because of its strict existence, the rules of the POCSO Act, as it stands today, would definitely make the boy's conduct an offence. If the criminal case is brought to its logical end, an adolescent boy trapped in a situation like this will certainly have no defense. It is high time that cases of this type involving teenagers engaging in relationships are taken into account by the legislature and required changes under the Act are promptly implemented. The legislature must keep pace with changing societal needs and bring about required legislative changes, particularly in a strict law such as the POCSO Act. The Bench emphasised that punishing an adolescent boy who enters into a relationship with a minor girl by treating him as an offender, was never the objective of the POCSO Act. In this context, the Bench also recalled the case of Sabari v. Inspector of Police, 2019 (3) MLJ Crl 110, where a Single High Court Judge examined the involvement of individuals between the ages of 16 and 18 in love affairs and how, in some cases, a criminal case booked for an offense under the POSCO Act eventually ends up.