Dushyant Kumar 26 December 2018

Rape case against minor

My minor cousin aged 15 years was having an affair with a minor girl also aged 15. When they were having s*x, girl's parents caught them and then had filed a rape case against my cousin. Because of family pressure girl also is saying that she was raped.

Police has send my cousin to a juvenile detention center.

My question is can he get a bail? and whats the maximum sentence he can given ? what are laws in these kind of cases ?

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2 Replies

Dushyant Kumar 27 December 2018

Can he get a bail ? Since girl is a minor does her consent matter?

Ananya Gosain 24 August 2021

Rape of a minor girl i.e below the age of 18 children is an offence under the Indian Penal Code (IPC), 1860, and the Protection of Children from Sexual Offences (POCSO) Act, 2012. Consent does not matter because minors are deemed not able to give valid consent by law to s*xual acts. They are considered to be legally incompetent to consent to s*xual acts.

However, when such offence is committed by a minor (your case), the severity of the crime may differ indicating different levels of maturity. In the case of Roper v. Simmons, the Supreme Court said that all juveniles should be given individual consideration varying from case to case while being evaluated based on their maturity level, education, life experiences, background history, and feelings of moral responsibility.

Relavant Legal Acts

Indian Penal Code

Section 375 defines Rape as an act by a man who has s*xual intercourse with a woman under certain circumstances, one of which is-
1. Irrespective of consent when the girl is under 16 years of age.

Protection of Children from Sexual Offences Act, 2012

This law was implemented to protect children from offences of s*xual assault, s*xual harassment and p*rnography against persons below the age of 18 years.
It aims to provide relief and rehabilitation as soon as the complaint is made and mandates trial to be conducted in special children’s courts to aid speedy disposal with the establishment of special procedures to avoid children not seeing the accused at the time of testifying.

Juvenile Justice (Care and Protection of Child) Act, 2015

It establishes a child-friendly approach for adjudication and disposal to prioritize the best interests of a child with rehabilitation and other benefits.
It prohibits the media from disclosing the identity of children in conflict with the law.
Section 18(3) mentions assessing the minor's mental and physical capacity to commit the crime to see whether he had the ability to understand the consequences and the circumstances of committing a heinous crime.
Section 2 clause (21) says that children under 18 years cannot be awarded the death penalty or life imprisonment.