If you are stuck in such a situation, here is what to do.

Ajay, a 21-year-old working professional in the city of Chandpur, found himself in a complex emotional situation. He had developed a strong, platonic friendship with Nisha, a 17-year-old girl who lived in his apartment complex. Their interactions were limited to conversations and shared hobbies, with a clear understanding that there would be no physical intimacy or sexual communication. Despite the innocent nature of their bond, Ajay grew anxious about the legal implications, aware that Nisha was still a minor in the eyes of the law. He worried that if her parents were to disapprove, their harmless relationship could be misinterpreted, potentially leading to severe legal consequences for him.

Advice in such cases

Navigating relationships where one individual is a minor and the other is an adult requires extreme caution due to stringent laws designed to protect children.

• Understand the Law: In India, the legal age of consent is 18 years. Any relationship with a person below this age, even if seemingly consensual, is viewed with scrutiny by the legal system.
• Maintain Clear Boundaries: It is crucial to ensure that all interactions are strictly non-sexual and cannot be misconstrued as grooming, harassment, or exploitation. Avoid private meetings, inappropriate conversations, and any physical contact that could be misinterpreted.
• Be Aware of Perception: Even if your intentions are pure, society and the minor’s family may perceive the relationship differently. The risk of allegations is high, and the legal system is structured to protect the minor.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

Applicable Sections of Law

The primary legislation governing such cases is the Protection of Children from Sexual Offences (POCSO) Act, 2012. This is a special law that takes precedence over other laws in matters of sexual offenses against children.

• The POCSO Act defines a “child” as any person below the age of 18.
• Under this Act, the consent of a minor is considered legally invalid. Therefore, “consensual” acts are not a defense.
• The Act criminalizes not just penetrative sexual assault but also other forms of sexual abuse, including sexual harassment, pornography, and stalking.
• While the Bharatiya Nyaya Sanhita (BNS) also contains provisions for offenses against minors, cases involving sexual abuse will predominantly be tried under the stringent, child-centric procedures of the POCSO Act.

If you are the complainant

If you are a parent or guardian who believes an adult is in an inappropriate relationship with your minor child, you have legal recourse.

• Document Everything: Preserve any evidence you may have, such as text messages, social media interactions, emails, or photographs that suggest an inappropriate relationship.
• Report to the Police: You can file a First Information Report (FIR) at the local police station. Under the POCSO Act, the police are obligated to register the FIR without delay.
• Seek Support: Contact child welfare organizations or helplines for guidance and support through the legal process.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

If you are the victim

If you are a minor and feel uncomfortable, pressured, or exploited in a relationship with an adult, the law is on your side to protect you.

• Speak Up: Confide in a trusted adult, such as your parents, a teacher, a school counselor, or another relative. You are not at fault.
• Contact Authorities: You can report the matter to the police or call a child helpline like Childline 1098. They are trained to help you in a sensitive and supportive manner.
• Preserve Evidence: If possible, save any messages, pictures, or other digital communications that make you uncomfortable. This can be important evidence.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

How the police behave in such cases

The POCSO Act mandates a specific, child-friendly procedure for the police to follow.

• Immediate FIR: The police must register an FIR upon receiving a complaint.
• Sensitive Investigation: The investigation is to be conducted by a Special Juvenile Police Unit or a designated officer, preferably a woman, not below the rank of a sub-inspector.
• Child-Friendly Statement Recording: The child’s statement is recorded at their residence or a safe place of their choice, by a woman police officer in plain clothes. The police are not allowed to detain a child at the police station at night.
• Speedy Process: The law, under the Bharatiya Nagarik Suraksha Sanhita (BNSS), emphasizes a time-bound investigation to ensure swift justice.

FAQs people normally have

Is a purely non-sexual relationship between an adult and a 17-year-old illegal?

While a platonic relationship itself is not explicitly illegal, it exists in a legal grey area and carries significant risk for the adult. The POCSO Act is very broad, and any action that can be interpreted as sexual intent, grooming, or harassment can lead to criminal charges. The burden of proving the relationship was entirely innocent falls heavily on the adult, making it a very precarious situation.

What happens if the minor claims the relationship was consensual?

Under Indian law, specifically the POCSO Act, 2012, the consent of a person under the age of 18 is legally irrelevant. It cannot be used as a defense in court against charges of sexual offenses.

What evidence is required?

Evidence in such cases can be varied and is crucial for both the prosecution and the defense.

• For the Prosecution: The primary evidence is the statement of the victim. This can be supported by digital evidence like chat logs, social media activity, call records, photographs, and testimonies from witnesses (friends, family) who were aware of the nature of the relationship.
• For the Defense: To prove innocence, the accused would need to present evidence demonstrating the platonic nature of the relationship. This could include witness testimonies, communication records showing no sexual content, and evidence of public and open interactions.

How long will the investigation take?

The POCSO Act and the BNSS mandate an expedited timeline. The police are expected to complete their investigation within two to three months of filing the FIR. The trial is also supposed to be fast-tracked, with a goal of completion within one year from the date of taking cognizance of the offense. However, practical delays can sometimes extend these timelines.

Advocate Sudhir Rao, Supreme Court of India