POCSO Act being misused against teenagers in consensual relationships: Allahabad High Court

The judicial system should aim to balance the protection of minors with the recognition of their autonomy in certain contexts, the Court stressed.

The Allahabad High Court recently observed that Protection of Children from Sexual Offences (POCSO) Act was being misused against teenagers in consensual romantic relationships [Satish Alias Chand vs State of UP and 3 Others].

Justice Krishan Pahal said that such cases require a nuanced approach and careful judicial consideration to ensure that justice is served appropriately.

The challenge lies in distinguishing between genuine cases of exploitation and those involving consensual relationships, the Court said.

“This court has every now and then expressed concern regarding the application of the Protection of Children from Sexual Offences (POCSO) Act on adolescents. While the Act's primary objective is to protect children under the age of majority (18) from sexual exploitation, there are cases where it has been misused, particularly in consensual romantic relationships between teenage persons,” the Court said.