Can’t legalise near-majority consensual relationships: Delhi High Court refuses to quash POCSO case
Court upholds statutory age requirement, denies judicial exception for consensual sexual relations involving minors
The Delhi High Court recently refused to quash a Protection of Children from Sexual Offences (POCSO) Act case against a husband filed by his wife, emphasizing that the court cannot judicially endorse underage marriages or consensual sexual relationships involving minors. Justice Sanjeev Narula observed that the offence under the POCSO Act is complete once sexual intercourse is proved with a person below 18 years of age, as fixed by Parliament.
The case involved charges under Section 376 IPC (rape), Section 6 POCSO (aggravated penetrative sexual assault), and Sections 9 and 10 of the Prohibition of Child Marriage Act against a man whose wife was a minor and pregnant at the time. Although the wife later retracted her allegations to protect the family, the Court stressed that such subsequent consensual relationships do not retrospectively legalize the offence.
The Court warned that quashing the case would amount to judicial approval of child marriages and sexual exploitation, contravening the legislative intent of deterring early marriage and protecting minors. It acknowledged the victim’s wishes but held that judicial equity cannot override clear statutory mandates.
Advocates Vishal Kumar, Pawan Kapoor, and Shubhangi Singh represented the petitioner, while Additional Public Prosecutor Hemant Mehla appeared for the State.