Nainital, Uttarakhand High Court has asked the state government to investigate whether arrest can be avoided in cases related to minor boys and girls going on a date and a complaint being lodged by the girl's parents.
A division bench of the high court comprising Chief Justice Ritu Bahari and Justice Rakesh Thapliyal asked the government to see whether recording the statement under Section 161 of the CrPC would be sufficient for not arresting the boy.
The court said, "...at most, he may be called upon to be advised not to indulge in these things, but should not be arrested."
It says the state can investigate the matter and issue general directions to the police department.
The court's order came on a PIL that questioned the propriety of arresting a minor boy for going on a date with a minor girl in the event of a complaint being lodged by the girl's parents, as it violates Section 3 There was no offense under section 4,5. Sections 6 and 7 of the Protection of Children from Sexual Offenses (POCSO) Act.
The PIL, filed by lawyer Manisha Bhandari, said that in such cases boys are usually considered the sole culprit and punished which is not fair.
This matter will be heard again on August 6.
A division bench of the high court comprising Chief Justice Ritu Bahari and Justice Rakesh Thapliyal asked the government to see whether recording the statement under Section 161 of the CrPC would be sufficient for not arresting the boy.
The court said, "...at most, he may be called upon to be advised not to indulge in these things, but should not be arrested."
It says the state can investigate the matter and issue general directions to the police department.
The court's order came on a PIL that questioned the propriety of arresting a minor boy for going on a date with a minor girl in the event of a complaint being lodged by the girl's parents, as it violates Section 3 There was no offense under section 4,5. Sections 6 and 7 of the Protection of Children from Sexual Offenses (POCSO) Act.
The PIL, filed by lawyer Manisha Bhandari, said that in such cases boys are usually considered the sole culprit and punished which is not fair.
This matter will be heard again on August 6.
