Gujarat High Court grants bail, flags POCSO misuse concerns
The Gujarat High Court has called out how the POCSO Act can sometimes be misused when it comes to consensual relationships between teenagers.
In a recent case, the court granted bail to a 20-year-old accused of kidnapping and raping a minor, noting that the two were in a romantic relationship and had eloped together.
The court also referred to a January 2026 Supreme Court order that highlighted similar concerns about using POCSO in cases where both people are close in age and the relationship is consensual.
Justice Nikhil Kariel sets bail conditions
Justice Nikhil Kariel set some clear bail conditions: the accused must stay within Gujarat, check in at a police station once a month for three months, and provide a 10,000-rupee bail bond with surety.
The decision was based on the fact that there was no evidence of force or coercion; the couple had been together for a period of one month, which shows why courts need to look carefully at each situation before applying strict laws like POCSO.