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Protecting the Vulnerable: Rules Minor’s Consent Invalid in POCSO Cases
In a significant judgment reinforcing the principles of child protection, the has ruled that a ’s consent to withdraw or "not proceed" with a criminal complaint is legally void. Justice Anoop Kumar Dhand, presiding over the , set aside a trial court order that had accepted a "Negative" police report solely based on the minor petitioner's .
The Case Background: A Procedural Oversight The matter arose from an FIR registered at , under , alongside . A minor girl had initially lodged a complaint alleging sexual assault. However, during the subsequent police investigation, the authorities filed a " ," claiming the incident did not occur.
The trial court, in a move that drew sharp criticism from the High Court, accepted the negative report after the —who was residing in a government children's home—stated she did not wish to pursue the proceedings.
Arguments at the Bar The petitioner’s counsel argued that a minor lacks the to provide valid consent. The police investigation, they contended, was not conducted in a fair and impartial manner, and the magistrate failed in their duty to critically examine the allegations before closing the case. While the Public Prosecutor opposed the petition, they ultimately conceded that the legal position regarding a minor's capacity to consent to the closure of such cases is untenable under the law.
Legal Analysis: The Sanctity of Dignity The High Court’s ruling draws heavily on the principle that the POCSO Act is a designed to safeguard children, for whom "consent" is not a factor when determining the criminality of sexual assault.
Justice Dhand emphasized that a minor lacks the maturity to evaluate the long-term consequences of withdrawing a case. Crucially, the court held that just as a minor's consent is immaterial for registering a sexual offence, it remains immaterial at every stage of the judicial process.
Citing the Supreme Court’s landmark judgment in
, the High Court reiterated that
is a
and the
.
"There cannot be a compromise or settlement as it would be against her honour which matters the most,"
the court observed, highlighting that judicial authorities must remain vigilant against any attempt to "settle" such heinous crimes.
Key Observations The judgment provides a stern directive to trial courts across the state: *
"It is settled proposition of law that consent of a minor is no consent in the eyes of law."
*
"The
should be accepted only on the technical count that the
of
does not want to continue the proceedings... and should not be accepted merely on the basis of ‘No Objection’ of the
."
*
"
is a crime against the body of a woman. The honour of a woman cannot be put to stake by compromise or settlement."
*
"The concerned judge is expected to see the entire
so also evidence available on the record and then pass appropriate orders."
The Court's Decision and Future Implications The High Court has quashed the trial court's order and remitted the matter back to the . The trial court is now mandated to summon the victim's parents or guardians to determine their position on the . Furthermore, the High Court directed that if the victims are not represented, the (DLSA) must provide competent legal counsel to ensure the victim's interests are protected.
This decision serves as a critical check against the "easy closure" of sensitive cases. By placing the burden of on the judiciary rather than the minor, the has reinforced the protective shield intended by the POCSO Act, ensuring that the dignity of the child remains paramount—regardless of procedural attempts at compromise.
