The Allahabad High Court has recently observed that the POCSO Act, which was enacted to protect children under the age of 18 years from sexual exploitation, has now become a tool for their exploitation.

Stressing that the Act was never meant to criminalise consensual romantic relationships between adolescents, a bench of Justice Krishan Pahal said that the fact of a consensual relationship borne out of love should be considered while granting bail.

The single judge added that it would amount to perversity of justice if the statement of the victim was ignored and the accused was left to suffer in jail. The bench made these observations while granting bail to a 18-year-old boy booked under Sections 137(2), 87, 65(1) B.N.S. and 3/4(2) POCSO for allegedly committing rape against a 16-year-old girl. 

The lawyer of the accused, who was arrested in March this year, had submitted before the court that it was a case of consensual relationship and that there was no medical corroboration of the incident.

The lawyer of the accused also contended in the court that there was no criminal antecedent of the applicant and if he was released on bail, he would not misuse the liberty.

Considering the facts and circumstances of the case, the evidence on record, and taking into consideration the inordinate delay of fifteen days in institution of FIR and there being no medical corroboration of the incident, the bench, without expressing any opinion on the merits of the case, granted him bail.

Case title – Raj Sonkar vs. State Of U.P. And 3 Others 2025 LiveLaw (AB) 165l