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POCSO Act Not Meant To Criminalise Consensual Romantic Relationships Between Adolescents, Says Allahabad High Court While Granting Bail to 18-Year-Old Boy Booked for Rape

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Recently, the Allahabad High Court said that the POCSO Act, which was enacted to protect children under the age of 18 years from sexual exploitation, has now become a tool for their exploitation. The court further states that the POCSO Act was never meant to criminalise consensual romantic relationships between adolescents. The Allahabad High Court bench of Justice Krishan Pahal said that the fact of a consensual relationship borne out of love should be considered while granting bail. Justice Krishan Pahal also said that it would amount to perversity of justice if the statement of the victim was ignored and the accused was left to suffer in jail. Notably, the high court observed while granting bail to a 18-year-old boy who was booked under Sections 137(2), 87, 65(1) B.N.S. and 3/4(2) POCSO for allegedly committing rape against a 16-year-old girl. The accused’s counsel told the court that it was a case of consensual relationship and that there was no medical corroboration of the incident. Unnatural Sex by Husband With Wife Without Her Consent Not Rape but Punishable Under Section 377: Allahabad High Court.

High Court Grants Bail to 18-Year-Old Booked for Rape

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