New Delhi: The Supreme Court on Friday called on the Union government to consider adding a “Romeo–Juliet clause” to the Protection of Children from Sexual Offences (POCSO) Act, noting increasing cases where the law is allegedly being misused to criminalise consensual adolescent relationships. The court said that while POCSO is one of the country’s strongest legal shields for children, it must not become a weapon to punish teenagers engaged in genuine relationships.

The proposed “Romeo–Juliet clause” would create a narrow legal exception for situations where two adolescents are close in age and involved in a mutual, non-exploitative relationship, ensuring such cases are not treated in the same way as incidents of abuse, assault or predatory behaviour by adults. The court stressed that the intention is not to dilute child protection, but to prevent families from using strict criminal provisions to target teenage couples or settle personal scores.

A bench of Justices Sanjay Karol and N Kotiswar Singh observed that courts across the country have repeatedly raised alarm about POCSO cases arising out of romantic relationships between minors or between a minor and a young adult, often filed by parents objecting to the relationship rather than by the alleged victim. The judgment said such misuse “turns a law meant to shield children into an instrument of revenge,” and urged the Centre to initiate steps to prevent this “growing menace.”

At the same time, the court was firm that the POCSO Act remains “a solemn articulation of justice,” designed to protect vulnerable children and hold offenders accountable. It warned that the goal is to separate genuine protection from punitive overreach, not to weaken safeguards against sexual abuse.

In the same ruling, the Supreme Court also held that high courts cannot order mandatory medical age-determination tests at the bail stage in POCSO cases. Setting aside an Allahabad High Court direction making such tests automatic, the bench said that age determination is a matter for trial and should not be turned into a “mini-trial” during bail hearings. Courts considering bail may look at documents showing age, the judges said, but cannot question their correctness or create new investigative procedures that go beyond existing law.

The case came before the court after the Uttar Pradesh government challenged an order of the Allahabad High Court that had made medical age testing compulsory in all POCSO cases. While the Supreme Court struck down that direction, it allowed the bail granted in the particular case to remain untouched.

The judgment also reflected on the wider social realities surrounding POCSO litigation, noting that while many children suffer in silence due to poverty, stigma and fear, others with greater social and financial resources may misuse the law to manipulate relationships or exert control. The court said such distortions harm both justice and public trust, and reminded lawyers of their ethical duty to discourage frivolous or vindictive complaints.

Copies of the verdict have been directed to be circulated to the Law Ministry, the Allahabad High Court and trial courts for follow-up consideration.