Topic

Consent in Minor Cases

2 articlesLatest May 2026
BNSS Section 483 | Prosecutrix's Consent and Consensual Relationship Override POCSO Bail Presumption : Rajasthan HC
Case Law Analysis
|Rajasthan High Court

BNSS Section 483 | Prosecutrix's Consent and Consensual Relationship Override POCSO Bail Presumption : Rajasthan HC

Rajasthan High Court grants bail under BNSS Section 483 where the prosecutrix (aged 15 years 9 months) voluntarily entered a relationship and opposed prosecution, despite POCSO's statutory presumption against consent. The ruling emphasizes the prosecutrix's agency and prolonged pre-trial detention as decisive factors, setting a precedent for similar cases involving minors near the age of majority.

POCSO Act | Mere Age of Victim Insufficient to Prove Rape Without Non-Consensual Act: Himachal Pradesh HC
Case Law Analysis
|Himachal Pradesh High Court

POCSO Act | Mere Age of Victim Insufficient to Prove Rape Without Non-Consensual Act: Himachal Pradesh HC

The Himachal Pradesh High Court upheld the acquittal of an accused in a POCSO case, ruling that the prosecution must prove a non-consensual act beyond the victim's age. The court emphasized that victim retraction and affirmation of consensual marriage negate the presumption of rape under the POCSO Act, reinforcing the burden of proof on the prosecution.