‘How Can State Prevent Boys And Girls From Eloping’: Supreme Court Flags POCSO Act Misuse

Last Updated:July 14, 2026, 09:33 IST

The remarks were made during the hearing of a suo motu case on the right to privacy of adolescents, which originated from a controversial 2023 Calcutta High Court judgment.

SC On POCSO Misuse: The Supreme Court on Monday expressed concern over the alleged misuse of the Protection of Children from Sexual Offences (POCSO) Act in cases involving consensual relationships between teenagers, and posed a fundamental question: ‘Can the State prevent a boy and a girl from eloping?’

While hearing a suo motu case on the right to privacy of adolescents, a bench of Justice B V Nagarathna and Justice R Mahadevan observed 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 elopement of a girl and a boy? POCSO is sexual assault and exploitation of children", the top court said, adding that 15-18 is a vulnerable age.

“It’s the age of experimentation. The question is, does it really become a POCSO case?" the bench added.

The observations came during the hearing of a case that originated from a 2023 Calcutta High Court judgment, which had advised adolescent girls to “control" their sexual urges. The Supreme Court had set aside that ruling in 2024 and initiated a suo motu case to examine the privacy rights of adolescents.

Senior advocate Madhavi Divan said the case has its genesis to the elopement of a minor with a 25-year-old man.

She submitted that broadly there was a closure in the individual matter after a committee was appointed by the court which interacted with the lady.

“A strong report was filed regarding the failure of the system in POCSO matters," she submitted, adding that minors are entitled to certain rehabilitation measures under the POCSO Act.

The bench asked her whether it was a case of elopement or kidnapping, to which Divan replied that the alleged victim wanted to be with the man and had a child with him.

The bench then said, “16-18 they develop a relationship and go away. Parents to protect their honour fasten criminal liability. We have to acquit." Divan submitted that a system was needed to prevent the misuse of the law and pointed out that teenagers in voluntary relationships are sent to jail under POCSO.

“The victim girl has already settled with her husband and she is happy. The wider issue is adopting measures for adolescent well-being and child protection," she contended while highlighting the need for sensitisation of youths.

The court observed that such relationships existed even before the age of consent was raised from 16 to 18 years in 2012, stressing that any guidelines framed by the court should be practical and implementable.

“It’s not that after 2012, these cases are happening. These cases have been happening for long; child marriages were also there. When the age of consent became 18, it became illegal," the bench said, while emphasising that its directions must remain practical.

The Centre informed the bench that it has already made certain recommendations on the issue, which could be implemented across states and Union Territories if accepted.

The Supreme Court posted the matter for further hearing on July 17, while noting that High Courts already have child rights committees and state governments can also monitor POCSO cases to prevent misuse.

(With inputs from agencies)

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Shobhit Gupta

Shobhit Gupta is a sub-editor at News18.com and covers India and International news. He is interested in day to day political affairs in India and geopolitics. He earned his BA Journalism (Hons) degre...Read More

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