Minor boy run away with minor girl

745 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

689 votes

In the present situation, where a 16-year-old boy has been arrested for allegedly running away with a 15-year-old girl and faces charges under Sections 137(2), 65(1), 87, and Section 42 of the POCSO Act, certain remedies and legal protections are available owing to his status as a juvenile. As both the accused and the alleged victim are minors, the Juvenile Justice Act applies, and the proceedings must be before the Juvenile Justice Board, ensuring that the boy is treated as a child in conflict with law, not as an adult offender. The immediate steps include seeking bail for the boy, as detention of juveniles must only be a last resort, and the law presumes reformative rather than punitive measures. You may also challenge the FIR or charges through a petition under Section 482 CrPC for quashing if the facts do not support an offence under the alleged sections or if there is evidence of false implication. During trial, it is important to emphasize the absence of sexual assault, coercion, or exploitation, as consensual acts between minors are often treated differently by courts, and mere elopement, without other aggravating factors, may not sustain serious charges under POCSO. If the allegations are found to be false or exaggerated, remedies include filing a counter-complaint for malicious prosecution and seeking damages for wrongful implication after acquittal. The consequences of conviction under these sections can be severe, but the juvenile's age offers protection through more lenient sentencing, mandatory rehabilitation, and reformation-focused interventions instead of imprisonment. Legal representation and immediate intervention in the proceedings before the Juvenile Justice Board are crucial to safeguard the boy’s rights and secure his release and rehabilitation.

Advocate Yuganshu Sharma LawRato

542 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

746 votes

Firstly the boy have to ask bail from court on behalf of ground if he have evidence of chats recording of girl which shows that they shared good bond with each other and also these evidence support him on this evidence ground he ask bail and also if the victim will hostile then he can discharge himself from the court and if he settle with the girl’s family this dispute then they can quash there matter by high court

Advocate Jasleen Kaur LawRato

694 votes

Respected Sir, A very disastrous adventure was performed by the boy 16 years old. Now, first of all obtain bail for him by appointing a good lawyer. And after his release, take all details and then deal with the chargesheet appropriately. Get ready dear. Thanks

Advocate CM Sharma LawRato