Consent irrelevant in POCSO cases, says Kerala High Court
The Kerala High Court has ruled that consent is legally irrelevant in cases involving minors under the POCSO Act. The court dismissed an appeal from a man convicted of sexual assault, emphasizing that romantic relationships do not mitigate statutory protections for minors.
Why it matters
This ruling reinforces strict legal protections for minors and clarifies the judicial stance on the invalidity of consent in underage relationships.
Consent is irrelevant in a love relationship involving a minor, the Kerala High Court observed on Tuesday (September 2, 2026).
The court made the legal position clear while dismissing a plea by an accused challenging his conviction under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
Justice A. Badharudeen held that the evidence given by the minor in the case was of sterling quality, and that there was no reason to find that the accused was falsely implicated in the case. The special court for trial of offences relating to atrocities against women and children, including POCSO cases, Alappuzha, had found that the accused had committed rape under the Indian Penal Code and sexual assault under the POCSO Act. The trial court sentenced him to imprisonment for 10 years, besides imposing a fine of ₹50,000.
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