Madras High Court: Consensual relationships only…! An important observation of the Madras High Court

• An important observation under the Protection of Children from Sexual Offenses Act (POCSO Act).
• Under parental pressure, a girl may be forced to marry someone else
• In order to enforce the POCSO Act, it is very important to prove the age of the victim

Madras High Court: The Madurai Bench of the Madras High Court recently made an important observation under the Protection of Children from Sexual Offenses Act (POCSO Act). The court said that when consensual sex between teenage boys and girls is criminalized, children often face dire consequences.

Judge N. Mala made this observation while quashing the conviction of a youth convicted in a POCSO case. He noted that in cases of consensual sex between teenagers, such cases are often filed due to parental opposition, under parental pressure, the girl can be forced to marry someone else, after which criminal proceedings are initiated against the boy under the POCSO Act and he faces a long jail term. The verdict was delivered on a criminal appeal filed by a youth named Mahesh. The trial court sentenced Mahesh to 20 years of hard labor for POCSO and 5 years of hard labor for kidnapping. Both sentences were to run concurrently.

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What is the whole matter?

According to the public prosecutor, the victim, who was approximately 16 years old at the time of the incident in March 2018, knew Mahesh (accused), who was a friend of her elder brother. Mahesh proposed her over the phone. The girl told him that her parents were getting her married to someone else against her will. On March 4, 2018, the girl left home and went with Mahesh. Both went to Maheshwa’s uncle’s house and got married there. Officers of the District Child Protection Unit handed them over to Nagercoil Women’s Police Station for arrest. Based on the girl’s complaint, a POCSO case was registered.

Serious error in evidence

In order to enforce the POCSO Act, it is very important to prove the age of the victim. Although the original documents were available, the police submitted only photocopies of the girl’s birth certificate and transfer certificate to prove her age. The High Court acquitted the accused of all charges due to his inability to prove his age and ordered his release from jail.

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Notice to Govt

Taking note of the issue, the High Court directed the Chief Secretary of Tamil Nadu to strictly enforce Section 43 of the POCSO Act, which mandates public awareness of the Act. The Chief Secretary has been directed to submit a status report on the steps taken in this regard by June 3, 2026.