Minor's consent no defence under POCSO: Kerala HC
The Kerala High Court on Tuesday (September 2, 2026) dismissed an appeal against a conviction under the Protection of Children from Sexual Offences (POCSO) Act, 2012, holding that the consent of a minor is irrelevant in matters involving sexual offences. The order was issued by Justice A. Badharudeen while hearing a plea from an accused who sought to overturn his conviction and sentence.
The accused had been found guilty by the special court for trial of offences relating to atrocities against women and children in Alappuzha. He was convicted for rape under the Indian Penal Code and for sexual assault under the POCSO Act. The trial court imposed a sentence of 10 years of rigorous imprisonment and a fine of ₹50,000.
Appealing against the verdict, the accused contended that he had been falsely implicated and that the case was filed as a counterblast after he was separately booked for assaulting the minor's father. He also claimed that the minor was in a romantic relationship with him and that the interaction was consensual. Further, he argued that the prosecution failed to establish his guilt beyond a reasonable doubt.
Examining the records, the High Court found no merit in these contentions. The court stated that in a love relationship involving a minor, consent has no legal relevance. It also observed that the evidence given by the minor was of sterling quality. There was no basis to infer that the accused had been falsely implicated. The court further held that being in a relationship does not shield the accused from the rigours of law.
The judgment also addressed the sentencing argument. The accused had sought a reduction of the sentence, but the High Court noted that the trial court had already imposed the minimum punishment available in law. Thus, there was no ground for any further leniency.
In legal terms, the POCSO Act defines a child as a person below the age of 18. The statute does not treat a minor's consent to sexual acts as a valid defence. This categorical rule is meant to filter out the possibility of exploitation, especially in cases where young persons may believe they are in a consensual relationship. The legislation covers sexual assault, sexual harassment, and pornography, and applies equally to both boys and girls.
Observers say this ruling reinforces the intent of the POCSO Act, which was passed in 2012 to provide a gender-neutral and child-friendly legal framework. The Act prescribes stringent punishment for offenders and mandates the establishment of special courts for speedy trial. The present order is consistent with earlier rulings of the Supreme Court and various High Courts.
The High Court's decision is a clear reminder of the legal boundary: adults must not engage in sexual activity with minors. Even if a minor is willing, the law treats the adult as the offender. This principle exists to safeguard children from sexual exploitation and the abuse of trust.
The full text of the judgment is available on the Kerala High Court's website. The accused has the option to challenge the order before the Supreme Court, should he choose to do so.
