Law commission advises against altering current age of consent in POCSO Act for government consideration

New Delhi, September 29: The Law Commission, in its recent recommendations to the Central government, has strongly advised against lowering the age of consent from 18 to 16 under the Protection of Children from Sexual Offences (POCSO) Act. Their argument centers on the potential adverse impact such a change could have on combating child marriage and child trafficking.

While the Law Commission opposes reducing the age of consent to 16, it acknowledges the need for amendments to the Act in cases where there might be tacit approval, even if not legally recognised consent, from individuals aged between 16 and 18. In such instances, the Commission suggests the application of "guided judicial discretion."

The issue surrounding the age of consent under the POCSO Act gained significant attention last year when Chief Justice of India DY Chandrachud called on Parliament to address the growing concerns associated with it. He highlighted the fact that the POCSO Act currently criminalizes all sexual activity for individuals under the age of 18, regardless of whether factual consent exists between the two minors involved in a specific case.

The Chief Justice recognised the complexity of such cases and stressed the importance of the Legislature considering this matter in light of credible research conducted by experts in adolescent healthcare.

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- With inputs from agencies

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