Consensual Adolescent Relationship: Uttarakhand High Court Stays Case Against Teen For 'Kidnapping' Girl Of Same Age

The Uttarakhand High Court in an interim order stayed criminal proceedings against a 15-year-old boy accused of kidnapping a girl of the same age he was stated to be in a consensual relationship with, referring to Supreme Court's recent decision which said that ignoring consensual adolescent relationships can lead to unjust outcomes. The court was hearing the applicant's petition challenging the criminal proceedings against him. An FIR was lodged by the victim's father alleging that the applicant had kidnapped his minor daughter. Following investigation, a charge sheet was filed against the applicant.The counsel for the applicant argued that both he and the victim are approximately 15-years-old. It was submitted that in her statement under Section 180 BNSS, the victim has denied any physical relations with the applicant, but has admitted that they have maintained a friendship for the past four years. However, in her statement recorded before the Magistrate under Section 183 BNSS she had admitted that she went to the applicant's house, invited him to her residence, concealed him in her Almirah, provided him food, and subsequently admitted that they engaged in physical relations, which were consensual. Medical examination revealed no evidence of forceful sexual intercourse.It was argued that since both the victim and the applicant are approximately 15-years-old, are adolescents, and have a longstanding friendship,directing the applicant to be kept as a child in conflict with law in an Observation Home may have an adverse impact on his future prospects. Considering the same, along with the nature of the allegations and the applicant's age, it was argued that leniency may be exercised.Justice Alok Mahra in his order referred to Supreme Court's recent decision in the case of State of Uttar Pradesh Vs. Anurudhand another (2026) wherein the apex court had held that in cases involving consensual adolescent relationships, the statement of the alleged victim should be given due consideration and if the relationship is consensual and based on mutual affection, this should be factored into decisions regarding bail and prosecution.The court noted that the Supreme Court had further held held that ignoring the consensual nature of a relationship can lead to unjust outcomes, such as wrongful imprisonment; judicial system should aim to balance the protection of minors with the recognition of their autonomy in certain contexts. Here the age comes out to be an important factor, the apex court had said. Issuing notice on the applicant's petition the court said:"Considering the submissions advanced by learned counsel for the applicant, it is directed that, till the next date of listing, further proceedings of Inquiry No. 07 of 2026 (Criminal Case No.345 of 2025), pending before learned Juvenile Justice Board, Dehradun, shall remain stayed. Interim relief application (I.A. No.1 of 2026) stands disposed of".Pertinently the Supreme Court has in its judment, suggested that the Union Government consider introducing a “Romeo-Juliet” clause in the POCSO Act to exempt adolescents who engage in consensual relationships from criminal prosecution, despite being below the age of consent (18 years) and having only a minor age difference.Case title: X v/s State of UttarakhandC528 No.496 of 2026Counsel for applicant: Advocates Snigdha Tiwari, Abhijay Negi and Ayush PokhriyalCounsel for State: AGA S.C. DumkaClick Here To Read/Download Order

Consensual Adolescent Relationship: Uttarakhand High Court Stays Case Against Teen For 'Kidnapping' Girl Of Same Age

Malavika Prasad

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Consensual Adolescent Relationship: Uttarakhand High Court Stays Case Against Teen For 'Kidnapping' Girl Of Same Age

Malavika Prasad

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers