Adolescent love cannot be controlled by the courts and the judges should be careful while rejecting or granting bails in such cases. The Delhi high court made this observation while dealing with a bail plea of a 19-year-old boy. The FIR was registered under sections 363 and 376 of IPC and section 6 of protection of children from sexual offences by the girl’s family. The girl was found 7 weeks (about 1 and a half months) pregnant, and the DNA reports confirmed that the boy was the biological father of the child. The girl said that she was 18 years old, although her school records did not support her claim and she went out with the boy of her own free will. Her statements were recorded under sections 161 and 164 of CRPC. The court in this case observed that there was no criminal intention as neither the girl nor the boy switched off their mobile phones so that their family and the police would be unaware of their location. The court noted that although this story sounds like a romantic novel., in real life it had two main characters who loved and supported each other, wanted their relationship in marriage to be validated and the only idea that came into the mind of the prosecutrix was giving birth to their child from their union. Additionally, there was no incriminating evidence against the boy for accusing him.
Teenagers tend to imitate the romantic culture of films and novels and tend to remain unaware about the laws and age of consent. Justice Sawarana Kanta Sharma said that the court observed the attitude of early law relationships especially adolescent love must be scrutinized in the backdrop of their real-life situations to understand their actions in each situation. Confinement in jail in the cases of teenage love will affect the psychological health of the accused. The court therefore repeated that it is not denying any law but only such cases like the present omnes will be noted with caution. The court is dealing with two individual teenagers who wanted to live their lives as they deemed fit being in love and not any criminals. Love does not understand the bar of age of consent and lovers only know that they have the right to love and live their life. Justice Sharma granted bail to the boy for two months from the date of his release noting that their marriage is tentatively fixed at the end of this month.
written by- Krishnapriya intern under legal vidhiya
