POCSO--Consensual Relationship--De Facto Approval Among Young Adults a Relevant Consideration for Bail Despite Consent Being Legally Irrelevant Under POCSO Act
Though consent is legally irrelevant under the Protection of Children from Sexual Offences Act, relationships among young adults involving de facto approval of both participants for a sexual relationship must be treated differently while considering bail pleas. Close-in-age consensual relationships among adolescents warrant a distinct approach to avoid over-criminalisation, as recognised by the Supreme Court's recommendation of a "Romeo-Juliet clause" in State of Uttar Pradesh v. Anurudh. Absence of evidence of circulation of intimate content to third parties and absence of material establishing abetment of suicide are relevant considerations for bail under POCSO.
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