Delhi HC Rejects POCSO Accused's Bail Plea, Terms Marriage a Legal Ploy

Protecting Minors from Coerced Nuptials

The Delhi High Court has delivered a stern message against the practice of using marriage as a shield against criminal liability under the Protection of Children from Sexual Offences (POCSO) Act. The Court was hearing a bail application where the accused presented a 'nikahnama' to prove he was legally married to the minor victim, arguing that this mitigated the charges.

The presiding judge categorically dismissed this defense, noting that the statutory framework of the POCSO Act is designed specifically to protect children under 18 from sexual exploitation, regardless of their consent or marital status under personal laws. The Court observed that using marriage as an afterthought in such serious offenses is often a tactical ploy to intimidate witnesses and derail the judicial process.

Highlighting the legislative intent of the special Act to override conflicting personal laws regarding the age of consent, the Court found no prima facie grounds to grant relief. The bail was decisively rejected, ensuring the trial continues without undue influence on the minor.