Teenage Love in a Legal Grey Area: Delhi High Court Questions Its Classification as an Offense

The Delhi High Court recently stated that “teenage love” is in a “legal grey area,” making it unclear if it can be considered a crime.

Justice Subramonium Prasad noted that the Court has seen many cases where girls over 17 elope with boys they choose, but their parents pressure them to change their statements to the police when they are caught.

“The police also records such statements at a later stage which is completely contrary to the earlier statements. Majority of the statements recorded under Section 164 Cr.P.C also do not conform with the victim’s earlier statements given by the victim under Section 161 Cr.P.C which is contradictory,” the court observed.

Justice Prasad made these remarks while granting bail to a 22-year-old man charged in a POCSO case.

The FIR was filed by the father of a 17-year-old girl, who alleged that the accused tricked his daughter and took her away. The girl and the boy were found in March 2022.

In her statement, the girl said she went to a friend’s house after telling her mother and called the accused to meet. They then bought tickets, traveled to Madhya Pradesh, and started living together in a rented place.

She also mentioned that after staying there for 15 days, they traveled to Patna. When they learned that her father had filed a case, they took a train to New Delhi and contacted the police.

After 23 days, the girl gave another statement, saying that the accused told her her parents were looking for her and would harm her if she returned home. She stated that the accused took her to Madhya Pradesh, where they began living in a place arranged by his employer.

The statement also said that the girl asked the accused to take her to her parents in Delhi, but he refused. It further mentioned that his father and uncle came to Madhya Pradesh, took them to Bihar, and kept her there, even gagging her.

The statement noted that fake documents were made for a court marriage, but she refused to marry the accused, saying she was a minor. She also claimed that the accused’s relatives beat her and forced the marriage. It was mentioned that the accused’s father brought her to Delhi and turned her over to the police.

While granting bail to the accused, the court noted that there was a “material improvement” in the girl’s second statement, recorded 23 days after her first. She said that although she went to Madhya Pradesh willingly, she was confined in Bihar and forced to marry him.

“Teenage love and similar offenses fall into a legal grey area, and it’s unclear if they can be classified as crimes. This Court is not deciding whether the Petitioner committed an offense. Right now, the Court is only considering whether the Petitioner, who was about 20 at the time of the incident and is now 22, should stay in custody,” the court said.

The court noted that a chargesheet had been filed and that restrictions could be placed on the accused to stop him from contacting the girl.

“Keeping the Petitioner in custody any longer would negatively impact his future, as he is about 22 years old. Given the facts and circumstances of the case, this Court is inclined to grant regular bail to the Petitioner,” the court said.