When teenage love becomes a criminal case: Meghalaya HC says POCSO can be quashed in consensual relationships

The Meghalaya High Court has flagged a key concern, that applying the Protection of Children from Sexual Offences (POCSO) Act in a strict, one-size-fits-all manner to consensual teenage relationships can end up causing “manifest injustice”. In such situations, the court said, it may step in to quash proceedings in rare cases.

At the heart of the ruling is a growing concern: a law meant to protect children is increasingly being used in situations where teenagers in consensual relationships end up facing serious criminal charges, often leading to long-term damage to their education, careers, and lives.

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‘Rigid law, harsh outcomes’: Court flags ground reality gap

Invoking the Supreme Court’s “Romeo-Juliet” jurisprudence, a bench led by Chief Justice Revati Mohite Dere and Justice HS Thangkhiew said courts cannot shut their eyes to the realities of adolescent relationships.

The court noted that while the law treats anyone below 18 as incapable of giving legal consent, the reality is that many cases involve teenagers, often between 16 and 18, who are in consensual relationships with classmates, neighbours, or acquaintances.

It flagged that such cases are frequently triggered not by the girl, but by parents or relatives opposing the relationship, with the victim later refusing to support the prosecution.

In such situations, a strict application of the law can lead to outcomes that are “disproportionately punitive, socially disruptive and contrary to the rehabilitative and protective objectives of child-centric legislation”, the court observed.

Criminal cases leaving lasting scars on young lives

The High Court highlighted the serious consequences of criminal proceedings in such cases, especially for adolescent boys.

It noted that arrest, detention and trial under POCSO can:

• force boys to drop out of school
• damage future employment prospects
• leave a lasting criminal record even if acquitted later

The court said this creates irreversible harm, particularly when the relationship was consensual.

Exceptional cases may be quashed to prevent injustice

The bench clarified that High Courts have the power to quash POCSO proceedings under Section 528 of the BNSS (earlier Section 482 CrPC), but only in rare and carefully assessed cases.

It said there can be no fixed formula, and courts must examine factors such as:

• age difference between the parties
• whether the consent was genuine and informed
• whether the couple is married or living together
• the wellbeing of the girl and any child born from the relationship

The court stressed that the aim is to ensure justice, not blindly apply the law.

While underlining that the POCSO Act remains a strict and necessary child-protection law, the High Court said its enforcement cannot be divorced from “lived realities”.

Calling for greater awareness about the law, especially in rural and remote areas, the court said society and the State must ensure that children understand both the protections and consequences under POCSO.