A Mumbai court granted bail to a woman booked under the POCSO Act, observing a ‘consensual relationship’ between teacher and student. Sexual assault charges remain under investigation.
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MUMBAI: A special POCSO court in Mumbai recently granted bail to a 40-year-old female teacher of a reputed school who was arrested for allegedly sexually assaulting her underage male student over a prolonged period.
The court order, issued by Special Judge Sabina Malik, cites the age of the victim, i.e., over 16 years, the nature of their “consensual relationship,” and the teacher’s role as a single mother as key grounds for bail.
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Background
The case came to light after the boy’s family lodged a police complaint, alleging that the woman had engaged in repeated sexual activities with their son from January 2024 to February 2025. According to the FIR, the teacher lured the boy to five-star hotels, served him alcohol and anxiety medication, and engaged in sexual intercourse with him in her car and at hotel locations. The complaint also mentions that she used a female colleague to facilitate meetings.
Notably, the woman had resigned from the school in April 2024, after the boy completed Class 11. This fact became a significant point during the bail hearing, as it was argued that the resignation diluted the authoritative student-teacher dynamic central to charges under aggravated sexual assault provisions.
The accused was charged under several stringent provisions:
- Section 123 (sexual assault)
- Section 351(2) (aggravated sexual assault by a person in authority)
- Section 3(5) (aggravated penetrative sexual assault) of the Bharatiya Nyaya Sanhita (BNS)
- Provisions under the POCSO Act and the Juvenile Justice (Care and Protection of Children) Act, 2015
Court’s Observation
While the POCSO Act clearly criminalizes all sexual acts with individuals below 18 years of age, the court noted that the victim was above 16, allowing a clear view in light of the recent amendments and evolving judicial interpretations around adolescent consent.
Judge Malik stated that evidence from both sides indicated the existence of a “consensual relationship,” which, not a defense under the POCSO Act, could be considered for bail purposes. The court reasoned that since the accused had resigned from her teaching position, the power imbalance inherent in a teacher-student relationship had been mitigated.
Additionally, the court noted delays in the trial and the accused’s role as the single mother of 11-year-old twins, one of whom suffers from a chronic respiratory condition, as further justification for bail. Her lawyers submitted medical records and evidence of the children’s emotional and academic deterioration in her absence.
The court also flagged irregularities in the arrest process, particularly the fact that the accused was informed of the grounds of her arrest in Marathi, a language she did not understand. Her legal team argued that she was made to sign documents without translation, contravening provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). These factors were taken into account while granting relief.
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Both the police and the boy’s family vehemently opposed the bail plea. The prosecution feared that the accused might abscond or influence witnesses. The victim expressed trauma and apprehension about possible threats or manipulation if the accused was released.
However, the court addressed these concerns by imposing strict bail conditions:
- A personal bond of Rs. 50,000, along with one or more solvent sureties
- A ban on contacting the victim or witnesses
- Prohibition on tampering with evidence
- Court’s prior permission is required to leave Mumbai
The court explicitly warned that “breach of any condition will amount to cancellation of bail.”
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