Class 12 exams shields minor from custody, Mumbai court grants bail

A Special POCSO Court in Mumbai granted anticipatory bail to a 17-year-old accused of stalking and sexually harassing a fellow college student. The court said arrest would cause disproportionate hardship during his Class 12 board exam preparation and imposed contact restrictions.Special POCSO Court in Mumbai has granted anticipatory bail to a 17-year-old boy accused of stalking and sexually harassing a fellow college student-( Photo-ITG)A Special POCSO Court in Mumbai has granted anticipatory bail to a 17-year-old boy accused of stalking and sexually harassing a fellow college student, observing that disrupting his Class 12 board examination preparation would cause disproportionate hardship.Special Judge R.J. Pawar passed the order on August 17, 2026. The teenager was booked by Khar Police under Sections 78 and 351(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 12 of the Protection of Children from Sexual Offences Act.According to the prosecution, the accused and the girl became acquainted in college and frequently communicated. After the girl’s father allegedly asked her to sever contact with the teenager, she stopped communicating with him. Police alleged that the boy subsequently stalked her and repeatedly attempted to contact her.The prosecution further alleged that the teenager sought to meet the girl, but her father refused. The accused allegedly responded by verbally abusing and threatening him. The defence denied the allegations, maintaining that the communication between the two had been voluntary and consensual since September 2025. The teenager claimed he approached the girl’s father after learning that she was in contact with another boy. His lawyer argued that the FIR was retaliatory and followed an alleged threat by the girl’s elder sister to the accused’s father.The court noted that Section 12(1) of the Juvenile Justice Act provides a strong statutory presumption in favour of bail for a child in conflict with the law. It found that none of the exceptions under the provision applied to the teenager. The judge also noted that the accused was a first-time offender with no criminal antecedents and that custodial interrogation was unnecessary because the evidence was primarily documentary and testimonial.The court granted anticipatory bail on a personal bond of Rs 15,000 with one surety. The teenager was barred from contacting, approaching or following the girl and cannot leave Mumbai without prior court permission.- EndsPublished By: Zafar ZaidiPublished On: Aug 18, 2026 06:54 IST