As the Supreme Court prepares to hear a petition to lower the age of sexual consent from 18 to 16 years, a review of court judgments from 2016 to 2025 reveals a critical pattern. In numerous cases, adult men have exploited minor girls, later claiming the relationships were consensual or legitimized by marriage. However, courts across India have consistently rejected these defences, reinforcing the core principle of the Protection of Children from Sexual Offences (POCSO) Act: a child’s consent is legally immaterial. These rulings highlight the law’s role in protecting minors from predation, often masked as romance or matrimony.
#1 Kanpur Madrassa Teacher’s ‘Nikahnama’ Defence Rejected – 10 June 2019
A 39-year-old madrassa teacher, Javed, was booked for rape and under the POCSO Act for sexually assaulting a 16-year-old student in Kanpur. The accused did not deny the relationship but presented a ‘nikahnama’ (marriage certificate) as a defence. The police and courts affirmed that under POCSO, sexual intercourse with a minor constitutes rape, regardless of a marriage document. The victim further revealed she was coerced into signing a paper under the guise of schoolwork, underscoring the exploitative nature of the abuse and the legal system’s refusal to accept such justifications.
#2 Bombay HC Denies Bail, Rejects Marriage Claim with 15-Year-Old – 24 December 2023
The Bombay High Court denied bail to 26-year-old Ikrar Khan, accused of raping a 15-year-old girl. The accused claimed a consensual relationship and marriage but failed to produce a valid ‘nikahnama’. The court emphatically rejected this defence, reinforcing that the consent of a minor is irrelevant under the POCSO Act, 2012. The judgment reinforced that the law treats all sexual relations with a minor as exploitative, irrespective of claims of consent or matrimony, ensuring the protective framework of the legislation remains uncompromised.
#3 Delhi HC Reaffirms Minor’s Consent is Legally Irrelevant – 22 October 2021
The Delhi High Court rejected the bail plea of Mohd. Rafayat Ali, a married man accused of engaging in a physical relationship with a 16-year-old girl under the false pretext of marriage. When the victim became pregnant, he gave her medication to terminate it. Justice Sanjeev Narula ruled that her consent was legally invalid as her school records confirmed she was a minor. The court cited the age gap, the seriousness of the offence, and the risk of witness tampering as key reasons for denying bail.
#4 20-Year Sentence for Sexual Assault on Minor Pretext of Marriage – 15 March 2025
A court in Odisha’s Bargarh district sentenced 21-year-old Saroj Bariha to 20 years of rigorous imprisonment for the repeated sexual assault of a 16-year-old girl. The assaults occurred between February 2021 and January 2022 under the false promise of marriage, leading to the victim’s pregnancy. The accused was convicted under Section 376(2)(n) of the IPC and Section 6 of the POCSO Act. The court also awarded substantial financial compensation of ₹11 lakh to the survivor, acknowledging the long-term impact of the trauma.
#5 Marriage to Minor No Defence Against POCSO: Delhi HC – 30 September 2025
The Delhi High Court ruled that marrying a minor does not shield an accused from prosecution under the POCSO Act. In this case, a 29-year-old man claimed he was in a consensual relationship with a 17-year-old girl and married her after she turned 18. The court held that sexual relations with a minor are legally deemed exploitative, and the minor’s consent or a subsequent marriage is irrelevant for acts committed while she was under the age of 18, reinforcing the absolute nature of the legal protection afforded to children.
#6 HC Upholds Bail Denial in Cousin’s Exploitation Case – 20 September 2025
The Punjab and Haryana High Court refused bail to a man accused of raping his 15-year-old cousin, recording an obscene video, and facilitating further exploitation that resulted in the minor giving birth in a school washroom. The court firmly reiterated the settled legal position that a minor’s consent is irrelevant under the POCSO Act, as minors are deemed incapable of giving lawful consent. The judgment highlighted the severe exploitation within a familial context of trust.
#7 False Promise of Marriage Vitiates Consent: Bombay HC – 26 February 2025
The Nagpur Bench of the Bombay High Court upheld the conviction and 10-year rigorous imprisonment sentence of a man for sexually assaulting a 16-year-old girl. The court ruled that the false promise of marriage created a “misconception of fact,” invalidating any apparent consent. Furthermore, it emphasized that as a minor, her consent was legally irrelevant under POCSO. The conviction was supported by DNA evidence and the court’s finding of the accused’s dishonest intentions from the outset.
#8 Forced ‘Nikah’ No Ground to Quash POCSO Case: Delhi HC – 14 November 2023
The Delhi High Court refused to quash a POCSO case against a 30-year-old man who raped and blackmailed a 16-year-old until she became pregnant. The court rejected the accused’s attempt to use a forced ‘nikah’ (Islamic marriage contract) as a shield, labelling it part of an “alarming and disturbing pattern” where offenders marry victims to evade charges before abandoning them. The ruling called for stricter scrutiny of compromise petitions in cases involving minors.
#9 Fake Aadhaar Card Fails to Sway Court in Bail Plea – 5 December 2022
The Delhi High Court denied bail to a 23-year-old married man, Javed, involved in a sexual relationship with a 16-year-old girl. The accused had manipulated the victim’s Aadhaar card to create a false impression of her age. The court dismissed this ploy, ruling that the minor’s consent has no legal value under POCSO. The judgment underscored the court’s commitment to protecting minors, regardless of attempts to manipulate identity documents to justify exploitation.
#10 HP HC Upholds 10-Year Sentence for Assault of 14-Year-Old – 12 August 2016
The Himachal Pradesh High Court upheld a 10-year rigorous imprisonment sentence for Nikka Ram, who sexually assaulted a 14-year-old girl after taking her away from her home. The court reaffirmed that under POCSO, the consent of a minor is legally irrelevant and cannot be used as a defence. This case exemplifies exploitation involving breach of trust and abduction, where the concept of “choice” is rendered moot by the victim’s age and vulnerable circumstances.
Subscribe to our channels on WhatsApp, Telegram, Instagram and YouTube to get the best stories of the day delivered to you personally.
