Minor boy run away with minor girl

931 votes

Hi there, find the defect in investigation procedures. 1. way of recording evidence 2. procedure of arrest..etc. His defence will depend on the actual circumstances between the two and the stand of the girl. It's advisable to contact me and provide more details to assist you better.

Advocate Ishan Parashar LawRato

673 votes

surrender before the court and at the same time apply for bail otherwise if the boy catched by police then it will be very bad for him as only after the charge framing, he will get bail by the court. Once the fir was done , nothing you can do. Now only fighting your case in court is only option

Advocate Adarsh Kumar LawRato

930 votes

charges are actually very sensitive and the case is about minor girl so It will be difficult to protect the boy he has to face the trial but the fact that both are minor in this case so the trial will conduct in juvenile justice court so may be they show some leniency to the boy but if both the parties settle this out side the court and the girls family take the complaint back so may be the boy can be saved without facing trial

Advocate Hridika Kawatra LawRato

792 votes

Since both the boy (16) and girl (15) are minors, consent has no legal value under the POCSO Act. Any physical relationship or even elopement can attract stringent charges, which is why police have added POCSO sections. However, because the boy himself is a child in conflict with law, the case will be dealt with under the Juvenile Justice (JJ) Act. This means he cannot be tried like an adult in regular criminal courts, but will be produced before the Juvenile Justice Board (JJB). The immediate remedy is to move an application for bail before the JJB, as bail is the rule in juvenile cases unless it is shown that release will expose the child to danger or defeat justice. His custody should be in an observation home, not jail. At the trial stage, the defence can highlight that there was no element of force, exploitation, or assault, and that it was a case of mutual friendship. This can reduce severity of findings, though strict liability under POCSO technically remains. Consequences: Conviction under POCSO is serious, but in juvenile matters, focus is on rehabilitation, not punishment. The Board can pass orders like probation, counselling, or supervision by a fit person/institution instead of jail. Strong representation, highlighting age, circumstances, and absence of coercion, is essential to protect the boy’s future.

Dr Ajay Kumar Pandey LawRato

840 votes

do not think about the consequences, first step to seek bail from court, file bail before session court and argu well , if there is some possibility as per the judgements of superior court then court may allow the bail application

Advocate Varun Gupta LawRato