In a major and surprising judgment, the Patna High Court has ruled that consensual sexual intercourse is not crime, leading to the acquittal of a man accused under the POCSO Act. The decision has sparked debate across legal and social circles.
The court observed that the relationship between the accused and the girl was consensual. Judges noted that there was no evidence of force, threat, or coercion. The girl had willingly stayed with the accused for a long period, which weakened the prosecution’s case.
According to the court, criminal law should not be used to punish consensual relationships. The bench clearly stated that consensual sexual intercourse is not crime when facts show mutual consent and absence of exploitation.
The accused was earlier convicted by a lower court. However, the High Court re-examined witness statements, medical reports, and circumstances. It found serious gaps in the prosecution’s version of events.
The judgment also warned against the misuse of strict laws like POCSO. Judges said such laws must protect genuine victims, not be applied mechanically.
Legal experts say the ruling will influence future cases. At the same time, child rights activists urge careful reading of the verdict to avoid misinterpretation.
The decision highlights the need for balanced justice, where intent, consent, and facts matter most.
