Can a 15-year-old boy be treated like a criminal for a consensual relationship? High Court steps in—what did the girl’s own statement reveal that changed the case?
NAINITAL: The Uttarakhand High Court gave interim relief to a 15-year-old boy who was facing criminal proceedings in a kidnapping case linked to a relationship with a girl of the same age. Justice Alok Mahra heard the case and provided protection to the minor, raising an important question on how such teenage relationships are treated under criminal law.
The Court ordered:
“Considering the submissions advanced by learned counsel for the applicant, it is directed that, till the next date of listing, further proceedings of the criminal case, pending before learned Juvenile Justice Board, Dehradun, shall remain stayed,”
giving temporary relief to the boy and pausing the case before the Juvenile Justice Board.
The case started after the girl’s father filed an FIR alleging that his daughter had been kidnapped. Based on this complaint, police conducted an investigation and filed a chargesheet, after which proceedings began before the Juvenile Justice Board.
However, during the hearing, the boy’s lawyer pointed out that both the boy and the girl are around 15 years old and have known each other for nearly four years. This detail became important because it showed an ongoing relationship rather than a forced act.
It was also brought to the Court’s notice that the girl herself stated before the Magistrate that she had called the boy to her house on her own. She clearly said the physical relationship between them was consensual, and medical reports also did not show any signs of force.
Despite these facts, the boy was still being treated as a child in conflict with law, which could have serious long-term consequences on his education, career, and future. His counsel argued that sending him to an observation home would negatively impact his life.
The High Court also referred to the Supreme Court’s judgment in State of Uttar Pradesh v. Anurudh, where it was observed that courts should take a lenient view in cases involving consensual relationships between adolescents, instead of treating them as strict criminal offences.
Taking all these facts into account, the High Court issued notice and stayed the proceedings for now, giving the boy immediate relief while the matter remains under consideration.
The case quietly highlights how, even in situations where both minors are equally involved, legal action often proceeds only against the boy, raising concerns about fairness and the long-term impact of such prosecutions on young lives.
Explanatory Table – Laws & Sections Involved
| Law / Section | Legal Provision | What It Means in Simple Terms | Role in This Case |
| Section 180 BNSS | Statement to Police | Victim gives initial version to police during investigation | Girl first denied physical relations |
| Section 183 BNSS | Statement before Magistrate | Statement recorded before judicial authority, more reliable | Girl admitted consensual relationship |
| Juvenile Justice Act | Child in Conflict with Law | Minor accused is treated under reformative law, not punishment | Boy was being treated as offender |
| Kidnapping (IPC/BNS equivalent) | Taking minor without consent of guardian | Even if girl goes willingly, law presumes kidnapping | FIR filed by father |
| Supreme Court Precedent – State of UP vs Anurudh (2026) | Binding legal principle | Courts must consider consent in adolescent relationships | Basis for leniency and stay |
| Observation Home (JJ Act) | Custodial facility for minors | Meant for rehabilitation but can impact future | Court noted adverse impact on boy |
Case Details
- Case Number: C528 No. 496 of 2026
- Court: Uttarakhand High Court
- Bench: Hon’ble Justice Alok Mahra
- Date of Order: 01.04.2026
- Neutral Citation: Not specifically mentioned in the order text below barcode
- Case Type: Criminal Petition (Stay of JJB Proceedings)
- Counsel For Applicant (Boy): Mrs. Snigdha Tiwari, Mr. Abhijay Negi, Mr. Ayush Pokhriyal
- Counsel For State: Mr. S.C. Dumka, A.G.A.
- Inquiry No.: 07 of 2026
- Criminal Case No.: 345 of 2025
- Forum Stayed: Juvenile Justice Board, Dehradun
Key Takeaways
- When both minors are equal participants, law still treats only the boy as the offender—this is structural bias.
- Even after the girl clearly admitted consent, the boy had to approach High Court for basic protection.
- FIR by parents automatically converts teenage relationships into “kidnapping”, criminalising boys by default.
- Juvenile system meant for reform is misused to stigmatise boys early in life, affecting future prospects.
- Courts are now slowly correcting this imbalance, but ground-level misuse of law against boys continues unchecked.
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