POCSO Act Not Meant To Criminalize Consensual Romantic Relationships Between Young Adults: Delhi High Court Grants Bail

In a significant observation regarding the application of the Protection of Children from Sexual Offences (POCSO) Act, the Delhi High Court has granted regular bail to a petitioner, emphasizing that the statute was intended to shield minors from sexual exploitation, not to suppress consensual romantic relationships between young adults. Justice Vikas Mahajan, while presiding over Varun Kumar Singh v. State , clarified that judicial discretion must remain sensitive to the evolving realities of adolescent relationships.

Case Background

The petitioner, Varun Kumar Singh, had been in judicial custody since August 20, 2023, following an FIR registered under Sections 363 , 366A, and 376 of the Indian Penal Code, and Section 4 of the POCSO Act . The prosecution alleged that the petitioner had abducted the prosecutrix, a girl aged approximately 14 to 17, and engaged in sexual relations with her.

During the investigation, a Bone Ossification Test was conducted, which estimated the prosecutrix's age to be between 14 and 17 years. Following settled precedent, the High Court adopted the upper limit of the range, treating the prosecutrix as 17 years of age for the purpose of the bail application.

Arguments Presented

The counsel for the petitioner argued that the relationship between the two parties was purely consensual, supported by evidence that the prosecutrix voluntarily accompanied the petitioner to Agra for several days. Counsel highlighted that all material witnesses, including the prosecutrix and her mother, had been examined by the trial court, thereby mitigating any risk of witness tampering.

Conversely, the State and the counsel for the prosecutrix contended that the victim was a minor at the time of the incident, rendering any purported "consent" legally invalid under the POCSO Act . They cited rulings against the early release of those accused of sexual violence against minors.

Legal Analysis and Observations

The court engaged in a delicate balancing act, acknowledging that while a minor’s consent holds no legal weight under the POCSO Act , the "maturity and intellectual capacity" of a 17-year-old in a self-admitted romantic relationship is a vital consideration for bail under the specific facts of a case.

Justice Mahajan drew heavily from the decision in * Dharmender Singh v. State *, which requires courts to factor in "real-life considerations" beyond the mere heinousness of the crime. The Court observed:

> "The intention of POCSO was to protect children below the age of 18 years from sexual exploitation and the Act was never meant to criminalize consensual romantic relationships between young adults."

Furthermore, the Court noted that the case appeared to be devoid of violence or coercion:

> "This Court has been constantly seeing that POCSO cases are being filed at the behest of the girl's family who object to her friendship and romantic involvement with a young boy and the law is being misapplied."

Dismissing the State's reliance on previous case law regarding gang rape and violent offences, the Court distinguished the present matter as one involving a voluntary, albeit legally problematic, romantic alliance.

The Court's Decision

Finding that the petitioner had been in custody for approximately two years and five months with the trial significantly advanced, the Court granted the prayer for regular bail. The bail is subject to standard conditions, including the furnishing of a personal bond and regular reporting to the Investigating Officer.

This order reaffirms a growing trend in the Delhi High Court towards a nuanced application of the POCSO Act , urging a distinction between predatory behavior and consensual adolescent affection when assessing bail eligibility in the post-charge framing stage.

Key Observations

• "Taking her age as 17 years, it prima facie appears that prosecutrix was of sufficient maturity and intellectual capacity, and her romantic involvement with the petitioner is one of the consideration which tilts the balance in favour of the petitioner for the purpose of granting bail."
• "In case of sexual assault under the POCSO Act , wherever the Court is called upon to determine the age of victim based on ‘bone age ossification test’ the upper age given in ‘reference range’ be considered as age of the victim."
• "At the end of the day however, considering the myriad facets and nuances of real-life situations, it is impossible to cast in stone all considerations for grant or refusal of bail in light of section 29."