Uttarakhand HC Advises Counselling Over Arrests For Adolescent Boys Dating Minor Girls Under POCSO Act
The Uttarakhand High Court has asked the state government to examine whether arrests can be avoided in cases related to minor boys and girls going on a date and the girl's parents file a complaint over it.
A division bench of the high court comprising Chief Justice Ritu Bahari and Justice Rakesh Thapliyal asked the government to look into whether recording a statement under Section 161 of the CrPC would be sufficient to not arrest the boy.
"...at the most, he can be called for giving him advice not to indulge in these things, but should not be arrested," the Court said.
The state can examine the matter and issue general directions to the police department, it said.
The Court's order came on a PIL which questioned the justification of arresting a minor boy for going on a date with a minor girl in case a complaint was lodged by the girl's parent as it did not constitute an offence under sections 3,4,5,6 and 7 of the Protection of Children from Sexual Offences (POCSO) Act.
In such cases the boys are usually treated as sole culprits and punished which is not fair, the PIL filed by Advocate Manisha Bhandari said.
The matter will be heard again on August 6.
Click here to read/download Order
With PTI Inputs
