Consent Of A Minor Is No Consent: Delhi HC Tells Man Accused Of Raping Minor

The Delhi High Court recently stated that "consent of a minor is no consent in the eyes of law," rejecting the bail request of a man who was detained for allegedly raping a young girl.

In addition, the court noted that the accused, who was 23 years old and already married to another woman at the time of the offence, had taken the survivor to the office of the Regional Sub-Divisional Magistrate to have her Aadhaar's year of birth changed from 2002 to 2000.

Justice Jasmeet Singh remarked, "The conduct of the applicant of getting the date of birth changed in the Aadhaar card of the complainant is a serious offence."

He continued that it appears that the applicant wanted to take advantage by having the date of birth on the Aadhaar card changed so that the applicant's physical relationship with the complainant did not involve a minor.

Delhi HC Consent Of Minor

In accordance with the FIR, the father of the minor, who was 16 at the time, reported her missing on June 10, 2019, to Delhi Police.

The accused was later charged under Section 6 of the Protection of Children from Sexual Offenses (POCSO) Act, which refers to "aggravated penetrative sexual assault," according to the police, who claimed they quickly located her in the Uttar Pradesh district of Sambhal and freed her from his company.

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The defendant claimed in his bail request that the minor had stated in a statement that he was her "boyfriend" and that she had spent about a month and a half with him. The plea also stated that she had consented to have physical relations with him.

The accused's attorney argued that because he has been detained since 2019 and the case's charge sheet has already been filed, bail should be granted. The court, noting that the girl was "merely 16 years old from the date of the incident," rejected the man's request for bail. It noted, "The consent of a minor at the age of 16, especially when the applicant is already married and 23 years old, disentitles the applicant from receiving bail. Consent of a minor is no consent in the eyes of law."