The Delhi High Court has recently deliberated on cases involving teenage love, highlighting them as a ‘legal grey area’ in terms of criminal classification. In a significant remark, Justice Subramonium Prasad emphasized the complexity of categorizing such relationships as criminal offences.
During the proceedings, Justice Prasad noted the frequent encounters with cases where adolescent girls, typically over the age of 17, elope with partners of their choice. These situations often culminate in the girls being coerced by their parents to recant their initial statements to the police.
“The discrepancies between statements recorded under Section 164 of the CrPC and those initially given under Section 161 are noteworthy and raise concerns about the influences exerted on the victims,” stated Justice Prasad.
The court’s comments came during the bail hearing of a 22-year-old man accused of abducting a 17-year-old girl. Arrested on April 19, 2022, and with the charge sheet already filed, the high court granted him bail, citing the potential harm continued custody could have on his future.
An FIR was registered by the girl’s father in January 2022, claiming the accused misled his daughter and took her away. After being rescued in March 2022, the girl reported that she had initially gone willingly with the accused to live in Madhya Pradesh. However, her narrative changed significantly in a subsequent statement 23 days later, where she alleged coercion and threats from the accused, including a forced marriage in Bihar under duress and forged documents.
Highlighting the ‘material improvement’ in the girl’s later statements, the court suggested the need for stringent conditions to prevent any contact between the petitioner and the girl, balancing judicial caution with recognition of the rights of the accused.
