'Minor’s consent for physical relationship even after marriage carries no significance,' rules Allahabad HC

The Allahabad High Court, in a significant judgment, ruled that a minor’s consent for physical relationship after marriage was of no significance, and could not offer any relief to the husband who was booked for rape.

A single bench headed by Justice Sadhna Rani (Thakur) gave the ruling on Wednesday, while rejecting the husband’s bail application; he had claimed that he had married the girl who had consented to a physical relationship.

The applicant’s counsel had argued that as per the statement of the victim under sections 161 and 164 of CrPC, she was a consenting party. According to the counsel, she had left her home with the applicant, solemnised marriage and were living together as husband and wife.

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“As the girl is a consenting party and the applicant has been languishing in jail for over four months, prayer for bail is made,” the applicant’s counsel told the court.

The government counsel, however, opposed the application on the grounds that on the date of the incident, the girl was a minor and so her consent was of no significance, and she could not be said to be a consenting party.

“From perusal of the record, it is clear that in the FIR, the victim is said to be 17 years of age and as per the certificate given by the Principal of the school, the date of birth of the victim is 10.05.2006, which indicates that on the date of incident i.e. 01.06.2022, the victim was (a) minor…even if she left her home, solemnized marriage and had physical relations with the applicant with her consent, her consent being a consent of minor cannot be said to be of any significance,” the court said.