'De Facto Approval' For Sexual Relationship In Young Adults Can't Be Ignored Under POCSO Act: Delhi High Court
The Delhi High Court has observed that though consent is legally irrelevant under the POCSO Act, relationships among young adults involving “de facto approval” for a sexual relationship must be viewed differently while considering bail pleas.Justice Prateek Jalan made the observation while granting anticipatory bail to a 19-year-old student accused in connection with a case concerning...
The Delhi High Court has observed that though consent is legally irrelevant under the POCSO Act, relationships among young adults involving “de facto approval” for a sexual relationship must be viewed differently while considering bail pleas.
Justice Prateek Jalan made the observation while granting anticipatory bail to a 19-year-old student accused in connection with a case concerning death by suicide of his Class XII classmate.
“While consent is legally irrelevant in cases involving offences under the POCSO Act, this Court has thus recognised that relationships among young adults, where there may have been de facto approval of both participants for a sexual relationship, however misguided, must be treated on a different footing,” the Court observed.
The Court also referred to the Supreme Court's decision in State of Uttar Pradesh v. Anurudh & Anr., which acknowledged the recurring invocation of the POCSO Act in genuine adolescent relationships and recommended consideration of a “Romeo-Juliet clause” to avoid over-criminalisation of consensual close-in-age relationships.
As per the prosecution, the FIR was registered after the complainant, mother of the deceased, checked her daughter's mobile phone following her suicide on January 26, 2025.
It was alleged that the accused had sent objectionable photographs and videos to the deceased a day prior to the incident and remained in telephonic contact with her on the date of suicide.
The State alleged that the accused, who was over 18 years old, had physical relations with the deceased, a minor, and had recorded intimate videos, thereby attracting offences under the POCSO Act and Sections 67A and 67B of the IT Act.
The prosecution also claimed that the accused had failed to cooperate with the investigation and that recovery of the actual mobile phone used to record the videos was pending.
On the other hand, counsel for the accused argued that the two were classmates studying in the same school and were in a consensual relationship.
It was submitted that there was no material disclosing instigation or abetment of suicide and no evidence showing circulation of the alleged videos to third parties.
The Court noted that the age difference between the accused and the deceased was less than eight months, were classmates in the same school and, according to the accused, were in a consensual relationship.
After examining the WhatsApp conversations between the two, the Court observed that though the chats reflected discord in the relationship, they did not prima facie constitute abetment of suicide.
The Court further noted that the allegedly objectionable photographs and videos were exchanged only between the two individuals and there was no evidence of circulation to any third person.
“On the basis of the material on record, I do not consider this to be a fit case to render a 19-year-old individual exposed to the risk of custody, with all its ramifications,” the Court said while confirming the interim protection earlier granted to the accused.
Accordingly, the Court directed that in the event of arrest, the accused be released on anticipatory bail subject to conditions.
Title: RAJ MAHATO v. THE STATE OF NCT OF DELHI