Bombay High Court rules that minor’s consent is irrelevant and marriage cannot protect the accused from POCSO Act and Child Marriage laws, reinforcing child protection in India.
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MUMBAI: The Bombay High Court recently delivered a crucial observation in a case involving child marriage and sexual offences under the Protection of Children from Sexual Offences Act (POCSO Act) and the Prohibition of Child Marriage Act, 2006. The case highlights that the law prioritizes the protection of minors over personal relationships, even when the victim and the accused later marry and have a child.
Case Background
The Applicants (accused) approached the High Court seeking to quash the FIR lodged against them under:
- Sections 4(1) and 8 of the POCSO Act,
- Sections 9, 10, 11 of the Prohibition of Child Marriage Act, 2006,
- Section 64(1) of the Bharatiya Nyaya Sanhita, 2023.
The FIR was filed after the victim, a minor at the time of marriage, gave birth to a child. The Applicants argued that there was a consensual love relationship and that the victim had no objection to their marriage, contending that prosecuting the accused would adversely affect her and the child.
The victim, though married to the accused, was 17 years old at the time of marriage and delivery. The accused, aged 27 years, had allegedly taken the minor away from the legal custody of her parents and maintained a physical relationship with her.
Court’s Observations
The Bench of Justice Nandesh S. Deshpande and Justice Urmila Joshi-Phalke noted:
- Despite the victim’s marriage to the accused and the birth of a child, the acts of the accused cannot be ignored, as he knew the girl was a minor at the time of taking her from her parents’ custody.
- The accused should have waited until the victim attained 18 years of age before any physical relationship or marriage.
- The consent of a minor is legally irrelevant under the POCSO Act.
The Court referenced the Supreme Court’s decision in Right to Privacy of Adolescents (2025), emphasizing concerns about the criminalization of consensual adolescent relationships. However, it clarified that laws like POCSO are designed to protect society and vulnerable children, and cannot be disregarded even in cases of personal relationships.
Purpose of POCSO Act
The High Court reiterated that the POCSO Act was enacted to:
- Strengthen legal provisions against child sexual abuse.
- Mandate reporting of offences to prevent underreporting.
- Establish special courts for speedy trials.
- Create child-friendly legal processes that protect the victim’s identity and mental health.
The Court held that the age of the victim at the time of marriage and childbirth, coupled with the accused’s knowledge of her being a minor, made this case unfit for quashing under Section 482 of the CrPC.
Case Title:
Mirza Aslam Beigh Rashid Beigh & Ors. versus State of Maharashtra & Ors.
CRIMINAL APPLICATION (APL) NO.1128 OF 2025
Read Judgment: