Delhi HC: Friendship No Justification for Sex with a Minor

Quick Summary:

• The Delhi high Court stated that “mere friendship” does not give a man the right to establish sexual relations with a minor.
• Justice Girish Kathpalia emphasized that any consent from a minor is not lawful in such cases.
• The court rejected bail for an accused man, citing allegations of repeated sexual assault despite the girl’s protests and her testimony recorded in the FIR.
• Prosecution alleges that between april and November 2023, the accused befriended and raped the minor girl repeatedly, also threatening her.
• The accused claims to have had consensual sex with the girl and alleges she was a major during this period. However, educational records confirmed her age as a minor at the time of the incidents.

Indian Opinion Analysis:

The judgment by Delhi High Court affirms strong protections under Indian law against exploitation of minors regardless of purported consent or relationship dynamics. By emphasizing that any form of consent from minors cannot be deemed lawful, it reinforces constitutional safeguards against abuse targeting vulnerable groups such as children. This case also highlights critical issues regarding accountability for crimes involving coercion or manipulation under social settings perceived as “friendships.” Strengthening judicial scrutiny on such matters underscores India’s commitment toward gender justice and children’s rights.

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