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‘Consent of a minor irrelevant’: Punjab and Haryana HC rejects anticipatory bail in Pocso case

Punjab and Haryana High Court says litigants cannot be allowed to “play hide and seek with the law” by lodging serious allegations and then resiling from them at will.

3 min readChandigarhUpdated: Jan 20, 2026 05:54 PM IST

The Punjab and Haryana HC was hearing a petition seeking pre-arrest bail (File photo).

The Punjab and Haryana High Court recently dismissed a plea for anticipatory bail filed by a 19-year-old accused in a case involving allegations of sexual assault of a minor, observing that serious charges cannot be diluted by later affidavits or claims of consent.

Justice Alok Jain passed the order on January 16 while hearing a petition seeking pre-arrest bail in an FIR registered at a police station in the SBS Nagar district. The case was lodged under provisions of the Bharatiya Nyaya Sanhita (BNS) and Section 4 of the Protection of Children from Sexual Offences (Pocso) Act.

Appearing for the accused, advocate Manbir Singh Batth argued that the prosecutrix was 15 years old but was mature and aware of her actions. He submitted that the relationship was consensual and claimed that the FIR itself was flawed, as the petitioner was allegedly present in school at the time of the incident. Reliance was placed on the petitioner’s school attendance certificate. It was also argued that the complainant later filed an affidavit stating that the FIR had been lodged under a mistaken belief and that the accused was innocent.

Additional Advocate General Japjot Singh, who represented the Punjab Government, opposed the plea.

Rejecting the defence, the court noted that the prosecutrix had maintained the allegations in her statement recorded before the trial court, even though the complainant later submitted an affidavit taking a contrary stand. The judge described this conduct as troubling and said such matters require thorough investigation.

Court to assess truth of allegations

Justice Jain observed that litigants cannot be allowed to “play hide and seek with the law” by lodging serious allegations and then resiling from them at will. The court said citizens have no authority to declare a person innocent once an FIR is registered, as it is for the court to assess the truth of the allegations.

The court also cautioned that if the FIR is found to be false, action could be taken against the complainant, and if the affidavit is false, consequences would follow for misleading the court.

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On the question of consent, the judge reiterated that the consent of a minor is legally irrelevant. He held that claims of a consensual relationship, chats or photographs would not alter the legal position, particularly when the victim was only 15 years old at the time of the alleged incident.

The court further noted that minor discrepancies in the timing mentioned in the FIR would not be fatal to the prosecution’s case. Emphasising the importance of custodial interrogation, Justice Jain said it could not be ruled out that the later affidavit had been filed under pressure or coercion.

“In light of the above, the custodial interrogation of the petitioner would be of much importance,” the court held, before dismissing the anticipatory bail petition.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More