The Karnataka High Court bench comprising Justice Suraj Govindaraj and Justice G Basavaraj has recently recommended the state government to educate teenage boys, especially of Class 9 and above, on the consequences of love affairs leading to charges of rape and sexual assault under the IPC and Pocso Act.  

Youngsters who elope with minor girls and are involved in physical relationships with them do not know the punishment they will face for violating the law, especially as the girls’ parents are bound to oppose such marriages and also file complaints. Lack of knowledge of the law is no excuse, the court said.

The bench directed the principal secretary of the education department to formulate a committee to develop suitable material to educate students, and direct government and private schools to raise awareness and forewarn them about the consequences of violating the Pocso Act or IPC. 

The court said the aim and objective of the Pocso Act is to protect minor children from sexual exploitation. Even if a girl aged 16 or more gives her consent for sex, it would be an offence under the IPC and Pocso Act. Therefore, the court added that the Law Commission of India would have to rethink the age criteria, pointing out that it has come across several cases relating to minor girls above 16 years falling in love and having intercourse after eloping.

The court explained that criminal law would be set in motion to prosecute the boy after he is traced, though both the boy and girl may be living happily in a different city when a complaint is lodged in such cases.  The court further observed that the prosecution of a minor girl or boy, or a boy who has attained majority, causes harm and injury to both families, besides severe financial loss. 

The court passed the order while dismissing an appeal by Uttara Kannada police against the acquittal of a boy who eloped with a minor girl, later married her in January 2017, and is living happily with their two children.