38.6c New Delhi, India, Friday, October 03, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Object of POCSO Act not to criminalise consensual adoscelent relationships: Karnataka HC [Read Order]

By Rintu Mariam Biju      27 February, 2024 11:08 AM      0 Comments
Object of POCSO Act not to criminalise consensual adoscelent relationships Karnataka HC

BENGALURU: The Karnataka High Court has clarified that the object of POCSO Act is to protect minors from sexual abuse and not to criminalize the consensual relationship between two adolescents. 

While dealing with a petition seeking to quash a criminal case against a 21-year-old, against whom offences under the Indian Penal Code, POCSO Act and the Prohibition of Child Marriage Act were registered, the Court noted that both the petitioner and the survivor came from the lower socio economic segment and therefore, wasnt aware of  the consequences of engaging in consensual sexual intercourse (with a minor).

 The object of POCSO Act is to protect minors from sexual abuse and not to criminalize the consensual relationship between two adolescents who had consensual sexual intercourse without knowing the consequences. The petitioner and the survivor come from the lower socio-economic segment having limited access to information and knowledge, thus depriving them about the consequences in having consensual sexual intercourse. Though having sexual intercourse consensually with the minor is an offence under the POCSO Act, however, having regard to the facts and circumstances of the case, to secure the ends of justice, it would be appropriate to quash the impugned proceedings, otherwise, it would result in miscarriage of justice to the survivor and the child.

 According to the State, the accused married and had sex with the minor despite knowing that she was only 16 years of age. After the plea seeking to quash the case was moved, the survivor and her parents filed a joint affidavit before the High Court stating that the marriage was solemnised inadvertently and in ignorance of law

Both the victim as well as their newly-born child are dependent on the accused for their livelihood and that continuing the case against her husband would cause more misery to them, the court was informed.

The petitioner is in judicial custody and is unable to support the survivor and the child. If the criminal proceedings are allowed to continue, it would result in incarceration causing more misery and agony to the survivor and her child rather than securing the ends of justice, the court noted while quashing the case against the petitioner and releasing him from judicial custody. 

Advocates Abhishek Ramesh and Seetharamu P appeared for the accused. Advocate Vinay Mahadevayya represented the State government and Advocate Gandavarapu Krishna Revanth appeared for the survivor.

 

[Read Order]

 

Also Read - 'Rape in temple premises with 7-yr-old girl,' SC awards 30-year jail to man [Read Order]



Share this article:

About:

Rintu Mariam Biju graduated from the National University of Advanced Legal Studies, Kochi after comp...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Karnataka High Court: Cabinet Rank Status Not Equivalent to Ministerial Position [Read Order] Karnataka High Court: Cabinet Rank Status Not Equivalent to Ministerial Position [Read Order]

Karnataka High Court clarifies that Cabinet rank status does not equate to ministerial position, dismissing a PIL challenging political appointments to Chief Minister Siddaramaiah.

Karnataka High Court Grants Protection to Journalist Sudhir Chaudhary Amid Fake News Controversy Karnataka High Court Grants Protection to Journalist Sudhir Chaudhary Amid Fake News Controversy

Karnataka High Court protects journalist Sudhir Chaudhary and Aaj Tak from coercive action over alleged 'fake news' about Karnataka government's minority scheme. Get the latest updates on this legal battle.

Ganeshotsav at Idgah Maidan: High Court Rejects Anjuman-E-Islam's Plea Against Ganesh Idol Installation Ganeshotsav at Idgah Maidan: High Court Rejects Anjuman-E-Islam's Plea Against Ganesh Idol Installation

Karnataka High Court rejects Anjuman-E-Islam's plea against Ganesh idol installation at Idgah Maidan in Hubballi. Get the latest updates on the legal battle and permissions for Ganesha festivities.

Woman living in adultery cannot claim maintenance: Karnataka High Court [Read Order] Woman living in adultery cannot claim maintenance: Karnataka High Court [Read Order]

Karnataka High Court rules that a woman engaged in adultery cannot claim maintenance, stating her dishonesty as a key factor.

TRENDING NEWS


TOP STORIES

sc-allows-manufacturing-of-green-crackers-in-delhi-subject-to-no-sale
Trending Judiciary
SC allows manufacturing of green crackers in Delhi, subject to no sale

SC allows certified manufacturers to produce green crackers in Delhi, but bans their sale in NCR till further orders, balancing pollution and livelihoods.

27 September, 2025 01:23 AM
kerala-hc-directs-comprehensive-snakebite-prevention-guidelines-for-schools
Trending Judiciary
Kerala HC Directs Comprehensive Snakebite Prevention Guidelines For Schools [Read Order]

Kerala High Court directs comprehensive snakebite prevention and management guidelines for schools, ensuring safety, awareness, and emergency response.

30 September, 2025 08:46 PM
sc-orders-two-judicial-officers-to-go-for-seven-days-training-for-flawed-bail-order
Trending Judiciary
SC orders two judicial officers to go for seven days training for flawed bail order [Read Judgment]

Supreme Court quashes flawed bail order, directs two Delhi judges to undergo 7-day special training on judicial conduct and bail rulings.

30 September, 2025 09:58 PM
sc-seeks-reply-from-iit-delhi-kharagpur-on-plea-to-transfer-student-due-to-mental-health-condition
Trending Judiciary
SC seeks reply from IIT Delhi, Kharagpur on plea to transfer student due to mental health condition [Read Order]

SC seeks reply from IIT Delhi & Kharagpur on plea for transfer of B Arch student citing mental health needs, AIIMS proximity & Article 21 rights.

30 September, 2025 11:22 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email