Calcutta High Court Affirms That Minor’s Consent Is Invalid and Section 182 BNSS Protection Cannot Be Extended Post Charge-Sheet, Rejecting Anticipatory Bail
Summary
| Category | Data |
|---|---|
| Case Name | CRM (A)/2763/2025 of PPPPPPP Vs STATE OF WEST BENGAL AND ANR |
| CNR | WBCHCA0352832025 |
| Date of Registration | 01-08-2025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | REJECTED |
| Court | Calcutta High Court |
| Judge | Hon’ble Justice Chaitali Chatterjee (Das) |
| Bench | Single Judge |
| Precedent Value | Affirms existing precedent |
| Overrules / Affirms | Affirms |
| Type of Law | Criminal Procedure (Section 482 BNSS) & POCSO |
| Questions of Law |
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| Ratio Decidendi |
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| Logic / Jurisprudence / Authorities Relied Upon | The court applied the rule that minors are incapable of giving consent and interpreted Section 182(2) BNSS as inapplicable once a charge-sheet follows sufficient evidentiary material. |
| Facts as Summarised by the Court |
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| Citations |
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Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in West Bengal |
What’s New / What Lawyers Should Note
- The High Court reaffirms that a minor’s consent to marriage is legally void under BNSS and POCSO, precluding anticipatory bail.
- Benefit of Section 182 BNSS cannot be invoked once a victim’s statement discloses sufficient material and a charge-sheet is filed.
- Courts will insist on compliance with victim-notice requirements before adjudicating Section 482 applications in POCSO-related matters.
Summary of Legal Reasoning
- The court directed the prosecution to serve statutory notice on the victim before hearings under Section 482.
- On perusal of the FIR and case diary, it was established that the petitioner married the victim while she was still a minor.
- Under both the BNSS and POCSO Act, a minor’s consent is legally invalid; thus the marriage could not negate offence.
- The victim’s statement under Section 182(2) BNSS contained sufficient incriminating details.
- Once a charge-sheet is submitted post-investigation, Section 182 BNSS protection ceases to apply.
- Inherent powers under Section 482 cannot be exercised to grant anticipatory bail in these circumstances; the petition is rejected.
Factual Background
Between January and August 2025, a suo motu FIR was registered at Joynagar PS (Case No. 7/2025) under Sections 77/78/79/351(2) of the BNSS read with Section 12 of the POCSO Act. The petitioner and the de facto complainant had entered into marriage, but the latter was a minor at the time, rendering her purported consent invalid in law. During investigation, the victim’s statement recorded under Section 182(2) BNSS supplied sufficient material against the petitioner. The petitioner sought anticipatory bail under Section 482 BNSS after filing of the charge-sheet; this application was ultimately rejected.
Statutory Analysis
- Section 12, POCSO Act, 2012: Establishes that any sexual activity with a minor is an offence; minor’s consent is void.
- Sections 77/78/79/351(2), BNSS: Define offences against minors and related ASP provisions.
- Section 182(2), BNSS: Shields accused when no sufficient material emerges in victim’s statement; here, the statement was found to be incriminating.
- Section 482, BNSS (inherent powers): Allows High Court to prevent abuse of process but not to override clear statutory prohibitions once material and charge-sheet exist.
Alert Indicators
- Precedent Followed
Citations
- Sections 77, 78, 79, 351(2), BNSS
- Section 12, POCSO Act, 2012
- Section 182(2), BNSS
- Case No. CNR: WBCHCA0352832025; CRM(A) 2763/2025; decided 18-08-2025.