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Delhi High Court Declines to Quash POCSO Case, Rejects ‘Near‑Majority’ Exception

The ruling underscores that POCSO criminalises sex with those under 18 regardless of purported consent.

Overview

  • Justice Sanjeev Narula held that courts cannot craft judge‑made carve‑outs for relationships involving minors close to 18.
  • The petition sought to end proceedings against a man and his family after a girl, then about 16, lived with him and later had a child.
  • The court said the proper inquiry is proof of the complainant’s age and the occurrence of the proscribed act, not whether the minor agreed.
  • Quashing the case, the judge warned, could be read as retrospectively sanitising child marriages and undermining legislative deterrence.
  • The FIR, triggered by a 2023 domestic‑violence helpline call, will proceed under POCSO, IPC provisions and the Prohibition of Child Marriage Act.