Law Commission opposes altering age of consent under POCSO Act, according to report.

Law Commission advises against changing minimum age of consent under Pocso Act

The 22nd Law Commission has advised the government not to tinker with the existing minimum age of consent under the Protection of Children from Sexual Offences (Pocso) Act, reported news agency PTI. The panel in its report to the Union law ministry suggested introducing guided judicial discretion in the matter of sentencing in cases involving tacit approval of children in the 16-18 age bracket, according to PTI.

The current age of consent in India is 18.

The panel headed by Ritu Raj Awasthi had submitted two reports to the Union law ministry, one on the minimum age of consent under the Pocso Act and another on the online filing of first information reports (FIRs).

While the panel suggested amendments in the legislation to remedy the situation in cases involving tacit approval on the part of children aged between 16 and 18, it recommended against tinkering with the minimum age of consent. It argued that reducing the age of consent will have a direct and negative bearing on the fight against child marriage and child trafficking.

The development came amid a swirling debate over the age of consent under Pocso. In the past few years, a number of high courts have expressed concern that consensual relationships between teenagers were getting criminalized under the stringent 2012 law meant to protect children from sexual violence.

In December 2022, Chief Justice of India DY Chandrachud asked lawmakers to look into the “growing concern” over criminalization of adolescents who engage in consensual sexual activity.

(With PTI inputs)