Minor boy run away with minor girl

572 votes

Hi there, in order to protect the boy I'll need in depth details of the conversations, circumstances and whatever happened between the two. In general, the boy can get some relief only by finding procedural defects in the investigation. In order to make a concrete defence for the boy I'll need in depth details. So, it's advisable to contact me and provide more details to assist you better.

Advocate Ishan Parashar LawRato

749 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

927 votes

As the boy is 16 years old ie below 18 years , he can be assessed for his crime by JJB to be tried as adult or not . Further there are charges of kidnapping, rape , abduction and penetrative sexual assault on minor , which requires comprehensive and detailed study of the chain of circumstances leading to the charges , further is tried as adult and charges are proved the consequences can be imprisonment for life

Advocate Prashant Saxena LawRato

977 votes

A 16-year-old boy charged under Section 137(2), Section 65(1), Section 87, and Section 4(2) of the POCSO Act for running away with a 15-year-old girl faces serious allegations, but protection and remedies exist due to his status as a juvenile . . Quick guidance can ensure the child's future and address concerns with empathy and effectivenes

Advocate Jatin Raheja LawRato

936 votes

If the girl gives the statement in favour of you in court, then you can escape from all of this, nd in another hand if you have recording or any kind of chat which proves that the girl ran with the boy with consent or either under the knowledge, then he can escape from charges and if he can prove that about this incident family know about that than also easy from charge

Advocate Jasleen Kaur LawRato