Jaipur, Feb 3 In a significant and reportable judgment, the Rajasthan High Court on Tuesday observed that consensual relationships between teenagers or young adults should not be treated as a criminal offence, warning against the misuse of the Protection of Children from Sexual Offences (POCSO) Act.
The court said that indiscriminate application of the law is destroying the future of young people and defeating the very purpose for which POCSO was enacted.
A single bench of Justice Anil Kumar Upman urged the central government and lawmakers to consider introducing a “Romeo-Juliet clause” or “Close-in-Age Exception” in the POCSO Act.
Such a provision, the court noted, would allow judges to take a balanced and contextual view in cases involving consensual relationships between individuals aged 16 and 18 years.
The High Court observed that a substantial number of POCSO cases registered across India involve consensual relationships between teenagers or young adults. However, due to family pressure, social opposition, or relationship breakdowns, these cases are later converted into serious criminal complaints.
The court cautioned that the mechanical and blind application of a stringent law like POCSO goes against the fundamental principles of justice. It emphasized that the Act was framed to protect children from sexual exploitation and abuse—not to criminalise consensual adolescent relationships.
Drawing attention to so-called “Romeo-Juliet” cases, the court said criminal law should not be used as a tool to settle personal or social disputes. Treating young people in consensual relationships as criminals leads to irreparable damage to their education, career, and social life, the bench remarked.
The case pertained to Jaipur Rural, where in 2025, an FIR was lodged against a 19-year-old man under POCSO and other provisions for allegedly enticing and sexually exploiting a 17-year-old girl. After the police filed a charge sheet and the special POCSO court framed charges, the accused approached the Rajasthan High Court seeking relief.
While examining the matter, the High Court made broader observations on the need for legal reform, aligning with earlier concerns raised by the Supreme Court on the misuse of POCSO in consensual cases. The Rajasthan High Court’s remarks have once again sparked a national debate on balancing child protection laws with ground realities of adolescent relationships.
Legal experts believe that introducing a Close-in-Age Exception could help courts prevent injustice while still ensuring strict action against genuine cases of abuse.
The judgment is expected to influence future discussions on POCSO amendments and judicial interpretation across the country.
--IANS
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