The Allahabad High Court has expressed concern over the growing misuse of the Protection of Children from Sexual Offences (POCSO) Act, observing that the law, originally framed to protect minors, is increasingly being used as a “tool for exploitation.”
Justice Krishan Pahal made the remark while granting bail to an 18-year-old boy booked under the POCSO Act and the Bharatiya Nyaya Sanhita (BNS) for allegedly raping a 16-year-old girl. The court underscored that the Act was not intended to criminalise consensual romantic relationships between adolescents and warned against ignoring the voice of the alleged victim in such matters.
“The Act was never meant to criminalise consensual relationships born out of love. It would amount to perversity of justice if the victim’s statement is ignored and the accused is left to suffer in jail,” the court said in its order dated April 29.
The applicant, Raj Sonkar, was arrested in March 2024. His counsel argued that the relationship was consensual, highlighted the absence of medical evidence to support the allegation, and pointed out the 15-day delay in filing the FIR. It was also stated that Sonkar had no prior criminal record and would not misuse bail if granted.
Taking these factors into account—including the delay in reporting, lack of medical corroboration, and the nature of the relationship—the court granted bail without commenting on the merits of the case.
