POCSO vs. Marriage: Can a Civil Union Stop Criminal Charges?

Every year, 47,000 to 50,000 new cases are registered under the Protection of Children from Sexual Offences (POCSO) Act in India. Such cases attract severe punishment, which can extend to the death penalty.

Recently, the Uttarakhand High Court passed a judgment quashing a POCSO case against a 21-year-old man, ruling that the relationship was an outcome of “love, not lust”.

The case began in 2022 when the man (then 19) and a 17-year-old girl eloped. The girl’s father filed an FIR under Section 363 (kidnapping) and Section 376 (rape) of the IPC, along with provisions of the POCSO Act.

Despite the criminal charges, the couple eventually married and were expecting a child at the time of the ruling. The court observed that the woman was mature enough to understand her actions.  The court held that continuing the prosecution would only destroy a stable, happy family. 

In this Weekly, we will understand how POCSO protects children from sexual offences and the rationale taken by the Uttarakhand High Court in this case.

What is POCSO?

The Protection of Children from Sexual Offences Act, 2012 (POCSO) was enacted to protect children (anyone under the age of 18) from sexual assault, sexual harassment, and pornography.

The Ministry of Women and Child Development governs and monitors the law, while the cases are tried in Special Courts designated specifically for POCSO matters.

Who is Protected?

POCSO is gender-neutral (protecting both boys and girls) and prioritises the well-being of the child throughout the legal process.

Under Section 2(d), a child is defined as any person below the age of 18 years. The Act applies regardless of whether the child ‘consented’, as the law presumes that a minor cannot legally consent to sexual acts.

How does this law protect children?

Mandatory Reporting (Section 19)

Any person who has suspicion or knowledge that a sexual offence has been committed against a child must report it to the Special Juvenile Police Unit or the local police. Failure to report is itself a punishable offence.

Presumption of Guilt (Section 29)

POCSO operates on a reverse burden of proof. If a person is prosecuted for certain offences under the Act, the Special Court presumes that the accused committed the offence unless they can prove otherwise.

Child-Friendly Procedures

To prevent re-traumatising the child, the law mandates that:

• The child should not be brought face-to-face with the accused during the trial.
• Police officers recording the statement should not be in uniform.

Statements are often video-recorded to ensure accuracy and minimise the number of times a child has to testify.

Special Courts 

Special Courts are expected to complete the evidence-taking process within 6 months and deliver a judgment within one year from the date on which the offence was reported.

How does this case affect consensual couples?

In the present case there was strong opposition from the State (government lawyers), who argued that POCSO crimes are serious and cannot be settled by a compromise. The court quashed the proceedings based on three pillars:

• Love, not lust: The court observed that the act was a result of a romantic relationship between two young individuals, rather than a predatory or lustful crime.
• Protection of the Family: The judge stated that sending the man to jail or continuing the trial would “disrupt the family unit” and cause irreparable harm to the wife and the unborn child.
• Substantial Justice: The court used its inherent powers under Section 482 of the CrPC to do “real and substantial justice,” concluding that a trial would be a “denial of complete justice” in this specific scenario.