In a recent order, the Allahabad High Court sharply criticized the misuse of the Protection of Children from Sexual Offences (POCSO) Act, highlighting a troubling trend where this vital legislation is weaponised for personal vendettas, thereby undermining the credibility and integrity of the legal system and the POCSO Act itself.
“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 criminalise consensual romantic relationships between adolescents,” the court said.
It emphasised that the existence of a consensual romantic relationship should be considered when granting bail in POCSO Act cases, as ignoring the victim’s statement and allowing the accused to remain in jail would result in a grave injustice.
A bench of Justice Krishan Pahal was dealing with a bail application filed by one Prakash Kumar Gupta, accused under Sections 363, 366, 376(3) of the Indian Penal Code (IPC) and Section 5L/6 of the POCSO Act.
The prosecution alleged that Gupta had enticed a girl aged 13 and subsequently engaged in sexual activities with her. The First Information Report (FIR) lodged by the informant, who claimed to be the girl’s guardian, stated that the victim was a minor, thus triggering the stringent provisions of the POCSO Act.
However, a crucial piece of evidence brought to light during the proceedings was the ossification test report, which indicated the survivor was approximately 19, making her a legal adult. This fact significantly altered the narrative, raising serious concerns about the application of the POCSO Act in this case.
Justice Pahal observed that the girl’s age was misrepresented not by mistake, but intentionally to exploit the POCSO Act, aiming to impose severe legal consequences on the accused.
He emphasised that this false representation led to the wrongful imprisonment of the accused for over six months, potentially causing serious damage to his life, reputation, and future.
“The POCSO Act is designed to protect minors, but in this case, it appears to have been misused due to the false information provided by the informant…This situation exemplifies how the misuse of protective laws like the POCSO Act can lead to significant injustices,” the judge remarked.
He further stressed that this case highlights the necessity for thorough fact-checking, particularly in sensitive cases involving minors, to ensure that the law is applied correctly and justice is achieved for all parties involved.
Justice Pahal pointed out that the girl, being an adult as per the ossification test, was capable of consenting to a relationship, and therefore, the application of the POCSO Act in this scenario was inappropriate.
Therefore, without expressing any opinion on the merits of the case, the court allowed the bail application.
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