Consensual Relationship Between Minor Couple Is Not Sexual Assault, Says Court

Teenagers tend to take a road, which might not end well for them, especially in the case of relationships. Often in India, teenage relationships don't go down well with parents, which may impact teenagers adversely. Recently, the Meghalaya high court directed that the acts of mutual love and affection among a young couple do not amount to sexual assault under the Protection of Children Against Sexual Offences Act (POCSO). 

The high court made such judgments last week while scrapping a criminal case against an accused minor. Court led by Justice W Diengdoh heard the case on October 27. 

Consensual Relationship Under POSCO Not Crime

Justice W Diengdoh stated, “though consent of a minor is immaterial as far as prosecution for an alleged offence of sexual assault is concerned, considering the peculiar facts and circumstances of a particular case, such as in a case of a boyfriend and girlfriend particularly, if both of them are still very young, the term ‘sexual assault’ as could be understood under the POCSO Act cannot be attributed to an act where, there is, as pointed above, mutual love and affection between them.”

Justice Diengdoh heard a mutual petition filed by the accused minor and the mother of his girlfriend seeking to quash the case. Justice Diengdoh had to reiterate that love and affection between youngsters is not sexual assault over the mother’s complaint. In the complaint mother with the local police station. The complaint was filed over the teacher's complaint of a minor girl missing on several occasions. The girl was staying with the teacher at the school. During that time, a girl was found missing by the teacher on two occasions and the matter was reported to the parents. 

Police registered a First Information Report (FIR) on discovering that the minor had physical relations with the accused, who was her boyfriend. The case was filed under Section 5(l)/6 of the POCSO Act against the boy, as a result, he was arrested and jailed for ten months before getting bail.

The case was presented by Advocate K Gautam, who represented the petitioners. The State was represented by Additional Public Prosecutors S Sengupta and H Kharmih. During the hearing, the minor girl confessed that she had consensual physical relations with the accused and that her relationship with him was of her own free will. However, the Investigating authority filed a charge sheet against the accused after finding prima facie evidence against him.

Later, the case went to trial before the Special Judge (POCSO), Shillong, when the petitioners moved the High Court on a mutual understanding to get the case quashed.

Further, Court stated, “What is even prevalent now is, what is known as ‘good touch’ and ‘bad touch’ where even a semblance of sexual overtone in the way an alleged perpetrator touches a child victim will make him liable for prosecution under the relevant provisions of the law.”

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