Law Commission Not in Favour of Reducing Age of Consent From 18 to 16 Under POCSO Act

The Law Commission is not in favour of reducing the age consent from 18 to 16 under the POCSO Act and advised the central government not to tinker with the existing age of consent. It said reducing the age of consent will have direct and negative bearing on the fight against child marriage and trafficking.

The commission, however, said certain amendments need to be brought to the stringent Act, especially to tackle cases where there is tacit approval but not lawful consent given by a child aged between 16 and 18. For such cases, it suggested guided judicial discretion. It also advised courts to tread with caution even in cases where it is observed that adolescent love cannot be controlled and criminal intention may be missing.

“This is so because in our considered opinion, such cases do not merit to be dealt with the same severity as the cases that were ideally imagined to fall under the POCSO Act. The commission, therefore, deems it fit to introduce guided judicial discretion in the matter of sentencing in such cases. This will ensure that the law is balanced, thus safeguarding the best interests of the child. Accordingly, this report is being submitted for your kind perusal,” stated the commission.

The panel has submitted its report on the age of consent under the Protection of Children from Sexual Offences (POCSO) Act to the law ministry. At present, the age of consent in India is 18.

(With PTI inputs)