In a nuanced ruling that grapples with the friction between statutory protection and personal realities, the Delhi High Court has outlined a structured approach for courts considering whether to quash cases under the Protection of Children from Sexual Offences (POCSO) Act in situations involving consensual relationships.
The court observed that some prosecutions under the law create what it described as a “legal victim” without a corresponding real-world harm. These cases often arise from relationships where a minor—typically close to adulthood—engages in a consensual relationship with a slightly older partner, sometimes leading to marriage and the birth of children.
To ensure that any decision to terminate proceedings is carefully weighed, the court set out several factors that judges should examine. Among them: whether the individual identified as the victim is acting voluntarily; whether her position has remained consistent throughout the proceedings; whether the relationship appeared consensual; and whether any subsequent marriage or family arrangement appears genuine. Courts must also consider whether the couple has lived together for a meaningful period, whether children have been born, whether any violence occurred, and the age gap between the parties at the relevant time.
The judges emphasised that these considerations are not exhaustive and that courts should interact directly with all parties before reaching a conclusion. Ultimately, the decision must centre on the best interests of the legally recognised victim and any children born from the relationship.
The observations came while the court set aside proceedings against a man who had been in a relationship with a 17-year-old when he was 22. The two claimed to have married according to religious customs and were raising their child together. The case had not been triggered by a complaint from the girl but by hospital authorities who reported the birth after noticing her age. The couple told the court they had been living together peacefully as a family.
The bench remarked that such matters highlight a gap between rigid legal constructs and the complexities of human relationships. It noted that while the law treats a minor’s consent as irrelevant, there are circumstances where relationships develop without coercion or harm, producing what the court described as a conceptual mismatch between presumed vulnerability and lived experience.
However, the court also cautioned against allowing compromise-based quashing to become a shield for exploitation. It clarified that the ruling does not dilute the statutory bar on a minor’s consent, nor does it retrospectively condone offences. Rather, it stressed that continuing prosecution in certain cases may end up harming the very individual the law seeks to protect, thereby undermining the interests of justice.
The judgment signals a careful balancing act—preserving the protective intent of the POCSO framework while acknowledging that not all cases fit neatly within its strict boundaries.
