Court's Stance: Age Trumps Consent in POCSO Case

The Delhi High Court ruled in a POCSO case that the age of the survivor is the key factor in determining legality, rendering a defense of consensual relationship legally irrelevant. The court denied bail to a man accused of assaulting a minor based on her school records showing she was underage.

The Delhi High Court has made it clear in a landmark POCSO case that the survivor's age supersedes any claim of consensual relationship when determining the legal standpoint.

Justice Sanjeev Narula firmly stated that a plea of a consensual relationship is immaterial under the POCSO Act if the survivor is below the age of 18, automatically negating the validity of consent.

This position was upheld when the court denied bail to a 26-year-old accused of assaulting his 15-year-old neighbor. Citing school records, the court emphasized the ongoing trial and the potential influence on public witnesses as reasons for the decision.