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This is an archive article published on February 25, 2025
Delhi HC upholds acquittal of man in POCSO case: ‘Adolescents have right to form emotional connections’
The court was dealing with an application filed by the State seeking leave to appeal against a 2020 verdict of a trial court which had acquitted the man booked under Section 4 of the POCSO Act
The court also directed the Commissioner (Industries) to analyse, assess and propose a proper plan for installation, monitoring and supervision of all CETPs (Express Archives)
Law should prevent exploitation and abuse instead of punishing love, the Delhi High Court said as it recently upheld the acquittal of a man booked under under the Protection of Children from Sexual Offences (POCSO) Act.
“While the legal age of consent is important for protecting minors, I feel that adolescents should be allowed to express their feelings and engage in relationships without the fear of criminalisation. The focus of the law should be on preventing exploitation and abuse rather than punishing love,” said Justice Jasmeet Singh.
The court was dealing with an application filed by the State seeking leave to appeal against a 2020 verdict of a trial court which had acquitted the man booked under Section 4 of the POCSO Act.
A complaint was filed by a 17-year-old girl’s father in 2014. The girl, had, however, submitted during the trial that she was in a consensual relationship with the accused.
Justice Singh, while upholding the trial court’s acquittal, also reasoned that it has not been proven beyond reasonable doubt by the prosecution that the prosecutrix is a minor.
In the order dated January 30, Justice Singh further recorded, “… I believe that societal and legal views on adolescent love should emphasise the rights of young individuals to engage in romantic relationships that are free from exploitation and abuse. Love is a fundamental human experience, and adolescents have the right to form emotional connections. The law should evolve to acknowledge and respect these relationships, as long as they are consensual and free from coercion.”
“I affirm that consensual and respectful adolescent love is a natural part of human development. The legal system must safeguard the rights of young individuals to love while ensuring their safety and well-being,” he said.
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“I advocate for a compassionate approach that prioritises understanding over punishment in cases involving adolescent love,” he asserted.
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