Source: Allahabad High Court

Why in News?

Recently, the High Court of Allahabad in the matter of Mrigraj Gautam @ Rippu v. State of UP and Ors., held that the Protection of Children from Sexual Offences (POCSO) Act, 2012 was never meant to criminalize consensual romantic relationships between the adolescents.

What was the Background of Mrigraj Gautam @ Rippu v. State of UP and Ors. Case?

• As per prosecution story, the applicant, in connivance with the other accused persons, is stated to have enticed away a 15-year-old minor girl on the night of 13^th May 2023.
• The accused was booked under Section 363 and Section 366 of Indian Penal Code, 1860 (IPC) and Section 7and 8 of POCSO Act, 2012.
• The applicant has been languishing in jail since 18th May 2023 and so a bail application has been filed before the High Court of Allahabad.
• The Counsel for the accused argued that the applicant had been falsely implicated in the present case to cause unnecessary harassment and to victimize him.
• The High Court allowed the bail application of the accused.

What were the Court’s Observations?

• Justice Krishan Pahal observed that the POCSO Act was formulated to protect children under the age of 18 years from sexual exploitation. Nowadays more often than not it has become a tool for their exploitation. The Act was never meant to criminalize consensual romantic relationships between adolescents.
• The Court further noted that the fact of consensual relationship borne out of love should be of consideration while granting bail because it would amount to perversity of justice if the statement of victim was ignored and accused was left to suffer behind jail.

What are the Legal Provisions Involved in it?

POCSO Act, 2012

• This Act was passed in 2012 under the Ministry of Women and Child Development.
• It is a comprehensive piece of legislation designed to protect children from crimes including sexual assault, sexual harassment, and pornography.
• It is gender neutral act and considers welfare of the child as a matter of paramount importance.
• It provides for the establishment of Special Courts for trial of such offences and related matters and incidents.
• Death penalty as a punishment for offences of penetrative sexual assault and aggravated penetrative sexual assault was introduced in this act by the POCSO amendment bill, 2019.
• Section 7 of the POCSO Act deals with Sexual assault. It states that whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.
• Section 8 of the POCSO Act deals with the punishment for sexual assault. It states that whoever, commits sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than three years, but which may extend to five years, and shall also be liable to fine.

Indian Penal Code, 1860

• Section 363, IPC:
  • This section deals with the punishment for kidnapping. It states that whoever kidnaps any person from India or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
• Section 366, IPC:
  • This Section deals with kidnapping, abducting or inducing woman to compel her marriage, etc.
  • It states that whoever kidnaps or abducts any woman with the intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.