#consensual relationship minor

Bombay HC Nagpur granted bail to a 21-year-old accused in a POCSO case, holding that consensual romantic relationships between minors and young adults must be distinguished from criminal offences. The court emphasized that prolonged incarceration without trial progress violates Article 21, even where the victim’s minority is established.

Kerala High Court ruled that a consensual relationship between a 22-year-old accused and a 15-year-old victim does not inherently justify continued detention under the PoCSO Act, especially when the investigation is complete. The court emphasized that bail considerations must account for the nature of the relationship and absence of criminal antecedents, setting a precedent for similar cases under the Bharatiya Nagarik Suraksha Sanhita.