The Bombay High Court said it cannot dismiss POCSO cases involving consensual relationships with minors until the Central government makes its stand clear. The court emphasised that such cases need careful legal scrutiny, not blanket dismissal.
The Bombay High Court in Aurangabad stated that it would not be appropriate to dismiss cases under the Protection of Children from Sexual Offences Act (POCSO Act) involving consensual relationships with minors until the Central government clarifies its position on the decriminalization of such relationships.
A Bench comprising Justices Vibha Kankanwadi and Sanjay Deshmukh made this comment while hearing a case against a 27-year-old man accused of sexually assaulting a 17-year-old girl.
The accused argued that their relationship was consensual.
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The court remarked,
“If the Courts start accepting that a fairly major boy of age 25 years on-wards takes such step of taking away the girl who is a minor and then now comes with the defence of adolescent love, then it will not be good sign from the legal point of view, because particular acts are legislated with certain aims and objects. Now unless the things are clarified by the Central Government upon directions of the Hon’ble Supreme Court, we should not consider such cases (we are carving out those cases wherein both the parties are adolescent and innocent).”
This observation was made in light of a recent Supreme Court order in the case ‘Re Right to Privacy of Adolescents,’ which expressed concern about the criminalization of consensual adolescent relationships under the POCSO Act.
On May 23, the Supreme Court had urged the Central government to contemplate decriminalizing consensual romantic relationships among teenagers and to explore implementing a national sex education policy based on recommendations from the Amicus Curiae.
The High Court noted the lack of response from the Central government and stated it would await clarification before making any exceptions.
In this particular case, a police report was filed in January after hospital officials reported that a minor girl had given birth. The girl, who was 17 years and 6 months old at the time, stated that she had a romantic relationship with the man, and they had eloped to marry at a temple in 2023 without parental consent. After living together, she became pregnant and returned home to deliver the baby.
The man sought to quash the police case against him, asserting that the girl had willingly entered the relationship. The girl supported this claim in a written statement, expressing that pursuing the case would negatively affect her and her daughter’s future.
However, the High Court declined to dismiss the case, citing the age difference.
The Court stated,
“The fact which cannot be brushed aside is that the applicant was around 26 years of age at the time of alleged marriage. At least he ought to have understood that he should wait till the girl attains 18 years of age. Then in spite of having knowledge that the girl is minor, when he takes her away from the legal custody of her parents, from that point itself he commits the offence,”
It also raised broader issues concerning child marriage and teenage pregnancy, referencing a local news report that indicated 453 pregnant minor girls were involved in child marriages in Aurangabad district in 2024.
Advocate Dhananjay M Shinde represented the accused, while Additional Public Prosecutor VK Kotecha appeared for the State, and Advocate Narayan Y Chavan represented the victim.
Case Title: Aakash Nanasaheb Waghmare v State of Maharashtra
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