any consent given by a girl in order to conclude an elopement would be invalid and the boy involved in such elopement could be charged for the commission of kidnapping, abduction or rape in accordance with the provisions of sections 362, 366 and 375 of the Indian Penal Code.
Pitching for protection of young couples ..from harassment for eloping and marrying against the wishes of the parent or the community, the Centre has told the supreme court that police must not register FIR against the boy for kidnapping or abduction without ascertaining the view of the girl of the girl if she was 16 years or more.
in another judgment, Punishing an adolescent boy who enters into a relationship with a minor girl was never the objective of Pocso Act: Madras HC.
In a balanced, bold and brilliant judgment titled Vijayalakshmi & Anr. v. State & Anr. in Crl.O.P.No.232 of 2021 and Crl.M.P.No.109 of 2021 delivered on January 27, 2021, the Madras High Court minced no words to state unequivocally that, “Punishing an adolescent boy who enters into a relationship with a minor girl by treating him as an offender, was never the objective of POCSO Act.” The remarks were made while highlighting the rampant misuse of the POCSO Act by families for prosecuting the partner of their teenage daughters.
However the police would ot listen to any such pleas taken by the boy side while registering the FIR, hence in case of arrest the boy cn get enlarged on bail and challenge the case on merits and evidences.