Law Commission Advises Against Lowering Age Of Consent, Proposes Changes To POCSO Act

The Law Commission's recent recommendations on age of consent and amendments to the Protection of Children from Sexual Offences Act 2012 (POCSO) have stirred important discussions on legal protections for minors involved in consensual relationships.

The Commission, led by former Karnataka High Court Chief Justice Ritu Raj Awasthi, has advised against lowering the age of consent from 18, while proposing modifications to POCSO to introduce guided judicial discretion in cases involving 16 to 18-year-olds who give tacit approval.

The Commission's report emphasizes that cases involving minors aged 16 to 18 should not be treated with the same severity under POCSO.

The Commission's stance against lowering the age of consent is rooted in concerns that it could inadvertently facilitate coercive practices, child marriages, marital rape, and various forms of abuse, including trafficking.

The report also acknowledges that adolescent love can be uncontrollable and that consensual acts involving adolescents may lack criminal intent.

Crucially, the recommendations address the unintended consequences of POCSO, which, despite its intent to protect children, has led to the imprisonment of many young individuals.

To address this, the Commission proposes amendments to both the POCSO Act and the Juvenile Justice Act 2015.

Specifically, amendments to Section 4 of the POCSO Act, which concerns penetrative sexual assault, would allow the court to impose a lesser sentence than the prescribed minimum if the child involved is 16 or above and there is evidence of an intimate relationship between the accused and the child.

The report also highlights that claims of marriage or the birth of a child in the accused-child relationship should not be considered as valid defence in sexual assault cases.

The Commission's recommendations for amendments in Section 18 of the Juvenile Justice Act 2015 seek to ensure that minors accused under POCSO involved in consensual romantic relationships are not tried as adults for heinous offenses.

Instead, they would be handled by the Juvenile Justice Board, providing a fair chance for redressal.