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Source: The post is based on the article “Law Commission against lowering age of consent under POCSO Act” published in “The Hindu” on 30th September 2023.
What is the News?
The Law Commission has recommended the government to retain the existing age of consent under the Protection of Children from Sexual Offences (POCSO) Act.
What is the Protection of Children from Sexual Offences (POCSO) Act?
What are the recommendations given by the Law Commission on the POCSO Act?
Age of Consent in POCSO Act: The Law Commission has recommended the government to retain the existing age of consent under the Protection of Children from Sexual Offences (POCSO) Act.The current age of consent in India is 18 years.
– It said that reducing the age of consent would have a direct and negative bearing on the fight against child marriage and child trafficking.
Tacit Approval: The Law panel suggested amendments in the POCSO Act, 2012 for cases where children aged 16 to 18 give tacit approval, not legal consent.
– The panel also advised the courts to tread with caution even in cases related to adolescent love, where criminal intention may be missing. This will ensure that the law is balanced, thus safeguarding the best interests of the child.
