Allahabad HC Criticizes Misuse of POCSO Act

Allahabad HC Criticizes Misuse of POCSO Act

Why in the News ?

The Allahabad High Court observed that the POCSO Act has become a tool for exploitation, emphasizing that consensual adolescent relationships should not be criminalized. It granted bail to an 18-year-old boy accused of raping a 16-year-old girl.

POCSO Act’s Misuse in Adolescent Relationships:

• The POCSO Act was originally enacted to protect children under 18 from sexual exploitation.
• However, the Allahabad High Court observed that it has been misused, becoming a tool for exploitation.
• The court stressed that the Act was not intended to criminalize consensual romantic relationships between adolescents.

Court’s Decision on Bail Application

• The court granted bail to an 18-year-old boy accused of raping a 16-year-old girl, citing consensual relationship.
• The court emphasized that it would be unjust to ignore the victim’s statement and unfairly imprison the accused.
• There was no medical evidence to corroborate the rape claim, and the FIR was filed with a 15-day delay.

Considerations and Legal Observations

• The court acknowledged the lack of criminal antecedents of the accused and the possibility of abusing bail if released.
• Bail was granted under the Bharatiya Nyaya Sanhita (BNS) and POCSO Act, without making a ruling on the case’s merits.
• The decision highlights the tension between law enforcement and adolescent relationships in legal contexts.