Press Esc to close
Thursday 18 September 2014
News updated at 12:50 PM IST
Weather
Max: 29.7°C
Min : 20.2°C
In Bangalore
Sunny day

Consensual sex with girl below 18 yrs no crime: Delhi court

New Delhi, Aug 26, 2013 (PTI):
For representation purpose only

Consensual sex with a girl, who is below 18 years of age, would not amount to an offence under the newly enacted Protection of Children from Sexual Offences (POCSO) Act, a Delhi court has said.

The court rejected the plea of police and Delhi Commission for Women (DCW) that POCSO Act mandates there must be total prohibition upon teenagers or adolescents from having any kind of sexual relationship.

"I am afraid, if that interpretation is allowed, it would mean that the human body of every individual under 18 years is the property of state and no individual below 18 years can be allowed to have the pleasures associated with one's body.


"But there lies a greater responsibility on all of us, the state including police in spreading and creating public awareness about the impact of girl or boy marrying at a tender age or indulging in unsafe sexual activities," Additional Sessions Judge Dharmesh Sharma said.

The observations came while acquitting a 22-year-old youth of charges of kidnapping and raping a 15-year-old girl whom he later married.

The POCSO Act treats as child the girls and boys who are below 18 years of age.

The provisions of POCSO Act suggest that where physical relationship had taken place with a girl's consent which is not in the nature of any assault or where consent is not obtained through unlawful purposes, no offence within its ambit can be said to have been committed, the court said.

"In my opinion it would neither serve the object of present enactment (POCSO Act) nor the purpose of criminal laws to hold the accused guilty on the ground that he had sexual intercourse with the girl below 18 years," the judge said, adding that it would not be good for the girl's health if her husband is sent to jail.

Go to Top

Photo Gallery
BJP MP from Mathura Hema Malini at a function on women empowerment...

BJP MP from Mathura Hema Malini at a function on women empowerment...

Differently-abled children wear masks of Prime Minister Narendra Modi to celebrate his birthday...

Differently-abled children wear masks of Prime Minister Narendra Modi to celebrate his birthday...

Villagers perform worship of elephants on the occasion of Biswakarma Puja...

Villagers perform worship of elephants on the occasion of Biswakarma Puja...

Devotees take part in a procession on the occasion of Sri Krishna Janmashtami celebrations...

Devotees take part in a procession on the occasion of Sri Krishna Janmashtami celebrations...

Younga Yoo, shoots past India's Umapatidevi Thokchom at women's first round group A soccer match...

Younga Yoo, shoots past India's Umapatidevi Thokchom at women's first round group A soccer match...

A man pulls an inflatable raft with his son, through the flood water...

A man pulls an inflatable raft with his son, through the flood water...

Cars submerged in flood water after the Jammu and Kashmir floods...

Cars submerged in flood water after the Jammu and Kashmir floods...

Sonam Kapoor and Kirron Kher during a promotional event for their upcoming film Khoobsurat...

Sonam Kapoor and Kirron Kher during a promotional event for their upcoming film Khoobsurat...

Narendra Modi and Chinese President Xi Jinping, holding umbrella watch a cultural performance...

Narendra Modi and Chinese President Xi Jinping, holding umbrella watch a cultural performance...

Prime Minister Narendra Modi and Chinese President Xi Jinping on a traditional swing...

Prime Minister Narendra Modi and Chinese President Xi Jinping on a traditional swing...

Copyright 2014, The Printers (Mysore) Private Ltd., 75, M.G Road, Post Box 5331, Bangalore - 560001
Tel: +91 (80) 25880000 Fax No. +91 (80) 25880523