Delhi High Court Upholds FIR in POCSO Case Despite Victim's Consensual Relationship Claim

Court Dismisses Petition to Quash FIR, Emphasizes Legal Stand Against Sexual Acts with Minors Regardless of Consent

In a significant ruling, the Delhi High Court, presided over by Justice Sanjeev Narula, dismissed a petition seeking the quashing of an FIR filed under multiple sections of the Protection of Children from Sexual Offences (POCSO) Act, the Indian Penal Code (IPC), and the Prohibition of Child Marriage Act, 2006. The case involved Prince Kumar Sharma and others, wherein the victim, a minor at the time of the alleged offenses, claimed a consensual relationship with the accused and expressed a desire to discontinue legal proceedings.

The case originated from a domestic violence report, leading to the discovery that the petitioner and the minor victim were living as a married couple. Despite the victim's claims of consensual involvement, the court upheld the FIR, emphasizing that under the POCSO Act, any sexual act with a minor is criminalized per se, regardless of the victim’s consent.

Justice Narula highlighted the legislative intent behind POCSO, which aims to provide heightened protection to minors and does not recognize consent as a defense in cases involving individuals under 18. The court noted that the legal framework is designed to deter early marriages and protect children from sexual exploitation, thus making it imperative to uphold the law as it stands.

The court also addressed the societal implications of quashing such proceedings, cautioning that it could be misinterpreted as a judicial endorsement of underage marriages or relationships. This decision reaffirms the statutory mandate that minors cannot legally consent to sexual acts, and such acts are inherently exploitative.

Despite the emotional appeal of the victim’s current family situation, the court maintained that legal statutes must prevail over personal circumstances. The petition, along with associated applications, was dismissed, with the court clarifying that its observations were specific to this proceeding and would not affect the trial's outcome.

This judgment underscores the judiciary's role in upholding statutory protections for minors, reiterating the non-negotiable legal stance against child exploitation and underage marriages.

Bottom Line:

Under the POCSO Act, sexual acts with a person below 18 years of age are criminalized per se, irrespective of the victim's consent. Courts cannot retrospectively legalize conduct which the law, at the time it occurred, treated as an offense, even in cases of consensual relationships involving minors.

Statutory provision(s):  

• - Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528  
• - Indian Penal Code, 1860, Section 376  
• - Protection of Children from Sexual Offences Act, 2012, Sections 6, 29, 30  
• - Prohibition of Child Marriage Act, 2006, Sections 9, 10

Prince Kumar Sharma v. State NCT of Delhi, (Delhi) : Law Finder Doc Id # 2809027