
Consent of Major Victim | No Offence Under Sections 363/366 IPC : Allahabad HC
Allahabad High Court quashes FIR under Sections 363, 366 IPC, holding no offence where victim, a major, willingly married the accused and had children.
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Allahabad High Court quashes FIR under Sections 363, 366 IPC, holding no offence where victim, a major, willingly married the accused and had children.

The Allahabad High Court granted bail in a POCSO case after finding the 16-year-old victim’s repeated, uncoerced statements affirming consensual relationship negated the presumption of non-consent. This sets a critical precedent: in POCSO cases, the victim’s autonomous testimony-corroborated by medical evidence of no force-can override the default non-bailable status, reshaping bail outcomes for consensual teen relationships.

The Bombay High Court granted bail in a sexual offence case under BNS after confirming the informant’s valid consent, supported by a psychiatrist’s certification that her chronic schizophrenia was in remission with no active symptoms. This sets a critical precedent: mental illness does not automatically invalidate victim consent in bail proceedings, provided clinical evidence affirms decision-making capacity.

Madras High Court quashed POCSO charges where the victim, now an adult, married the accused and submitted a joint compromise memo affirming voluntary consent and peaceful cohabitation. The ruling underscores judicial discretion to terminate proceedings in non-heinous offences where reconciliation restores victim autonomy and no public interest is served by continuation.

Himachal Pradesh High Court quashed an FIR under the POCSO Act where the victim, after attaining majority, married the accused and consented to settlement. The ruling emphasizes that personal autonomy and welfare may outweigh rigid public interest doctrines in exceptional circumstances, setting a precedent for similar cases involving post-offence reconciliations.