Monday, 26 August 2013

Consent Has Not Been Obtained Unlawfully

Aug 26, 2013, 12.56 AM IST

Consensual sex with minor not a crime, Delhi court says

"The court made these observations while acquitting a 22-year-old youth of charges of kidnapping and raping a 15-year-old girl whom he later married.

A city court has observed that consensual sex with a girl aged below 18 years does not constitute an offence under the Protection of Children from Sexual Offences (POCSO) Act.

The court said the provisions of POCSO Act suggest that where a physical relationship — which is not in the nature of an assault — takes place with the minor girl's consent and where the consent has not been obtained unlawfully, no offence can be said to have been committed."

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