Court Cites Youth, Lack of Criminal History, and No Evidence of Public Dissemination in Decision
In a significant ruling, the Delhi High Court has granted anticipatory bail to a 19-year-old accused of abetment of suicide, along with charges under the Bharatiya Nyaya Sanhita, 2023 (BNS), the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and the Information Technology Act, 2000. The decision, delivered by Justice Prateek Jalan, was influenced by the accused's age, clean criminal record, and the absence of evidence suggesting public dissemination of any objectionable materials.
The case involves the death by suicide of a young girl, a classmate of the accused, with whom he was allegedly in a consensual relationship. The prosecution argued that the accused had sent objectionable photographs and videos to the deceased shortly before her death. However, the court noted that there was no evidence that the accused had circulated these materials publicly.
The court acknowledged the serious nature of the allegations but emphasized the need to consider the individual circumstances of the case. Justice Jalan referred to the Supreme Court's recommendation for a 'Romeo-Juliet clause' to differentiate between genuine adolescent relationships and heinous offences under the POCSO Act.
The court also addressed the accused's declaration as a proclaimed offender, stating that this status does not automatically preclude the granting of anticipatory bail. The judgment underscored the importance of evaluating each case based on its unique facts and circumstances.
Furthermore, the accused's cooperation with the investigation was considered, and the court directed compliance with bail conditions, including restrictions on leaving the jurisdiction and maintaining communication with the investigating officer.
The decision highlights a nuanced approach to cases involving young adults and consensual relationships, aiming to balance the enforcement of law with the potential long-term impact on the accused's future. The court's ruling underscores the importance of careful judicial consideration in cases involving youthful offenders and complex social dynamics.
Bottom line:-
Anticipatory bail granted to a 19-year-old accused of abetment of suicide and offences under the Bharatiya Nyaya Sanhita, 2023 (BNS), Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and Information Technology Act, 2000, considering his young age, lack of criminal antecedents, and lack of evidence of public dissemination of objectionable materials.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 - Section 108, Protection of Children from Sexual Offences Act, 2012 - Section 4, Information Technology Act, 2000 - Sections 67A/67B, Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482
Raj Mahato v. State of NCT of Delhi, (Delhi) : Law Finder Doc id # 2899912
