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Consent holds no relevance for prosecution in Pocso cases, says HC
The Morning Standard
|February 11, 2025
THE Delhi High Court has reinforced that in cases under the Protection of Children from Sexual Offences (POCSO) Act, the question of consent holds no legal significance if the victim is a minor.
The court made this observation while rejecting the bail plea of an accused in a case involving a 16-year-old girl. Justice Sanjeev Narula, while denying bail to one Mohd. Rafayat Ali, emphasised that the age of the victim is the decisive factor in such cases. "The plea of a consensual relationship is legally immaterial. If the victim is below 18 years of age, the law presumes she is incapable of giving valid consent," the court stated.
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