Supreme Court questions misuse of POCSO in juvenile relationships

Supreme Court of India. File. | Photo credit: The Hindu

The Supreme Court on Monday (July 13, 2026) challenged the application of the Protection of Children from Sexual Offenses Act (POCSO) against minors involved in consensual sexual relations.

A Bench of Justices BV Nagarathna and R Mahadevan noted that parents often resort to criminal proceedings to protect their so-called “honour” when teenage girls run away with their partners.

“How can the state prevent the girl and boy from running away? POCSO deals with sexual assault and exploitation of children,” the court observed.

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Noting that adolescence is a period of vulnerability, the court asked whether relationships between people in the 15-18 age group attract the penal provisions of POCSO. “It’s an age of experimentation,” Bench said.

The Supreme Court did so while hearing a suo motu case involving the right to privacy of minors.

The case followed a controversial 2023 Calcutta High Court ruling that required teenage girls to “control” their sexual desires instead of getting involved in relationships.

The High Court verdict was later set aside by the Supreme Court in 2024 after a suo motu case was registered on the right to privacy of minors and many directions were issued.

Published – 13 Jul 2026 22:06 IST