The Protection of Children from Sexual Offences Act is being misused against teenagers in consensual romantic relationships, the Allahabad High Court said on Wednesday, Bar and Bench reported.

Justice Krishan Pahal made the remarks while granting bail to a man identified as Satish, accused of “enticing away” the complainant’s minor daughter last year.

Satish was falsely implicated in the case as the 18-year-old girl had told the police in her statement that she was in a consensual relationship with the man, his lawyer told the court.

Satish and the girl eloped from Uttar Pradesh’s Deoria to get married in Gujarat’s Surat. The girl was pregnant at the time. Satish was arrested on January 5.

While granting bail to Satish, the court said that such cases require a nuanced approach and careful judicial consideration to ensure that justice is served appropriately. It noted that it is crucial to distinguish between genuine cases of exploitation and those involving consensual relationships.

“This court has every now and then expressed concern regarding the application of the Protection of Children from Sexual Offences Act on adolescents,” the order said. “While the Act’s primary objective is to protect children under the age of majority [18 years] from sexual exploitation, there are cases where it has been misused, particularly in consensual romantic relationships between teenage persons.”

The court said that each case under the Protection of Children from Sexual Offences Act should be evaluated on its individual facts and circumstances. It said the nature of the relationship and the intentions of both parties should be carefully examined.

“The statement of the alleged victim should be given due consideration,” the judgement said. “If the relationship is consensual and based on mutual affection, this should be factored into decisions regarding bail and prosecution.”

The order said that ignoring the consensual nature of a relationship can lead to unjust outcomes, such as wrongful imprisonment.

“The judicial system should aim to balance the protection of minors with the recognition of their autonomy in certain contexts,” it said. “Here, the age comes out to be an important factor.”

The court granted bail to Satish on the condition that he would take care of the victim and their child.

Also read: Why the protection of teenagers needs to be balanced with respecting their sexual autonomy