The 22nd Law Commission has advised the Indian Government against reducing the existing age of consent under the POCSO Act. In its report of “Age of Consent under the Protection of Children from Sexual Offences Act, 2012”, the panel however recommended certain amendments to the Act.

The Commission had been requested by the High Court of Karnataka (Dharwad Bench) and High Court of Madhya Pradesh (Gwalior Bench) to rethink on the age criteria for consent, taking into consideration the rising number of cases relating to minor girls above the age of 16 years falling in love, eloping and having sexual intercourse with the boy, thereby attracting the provisions of the POCSO Act and/or the Indian Penal Code, 1860. It had also been requested to suggest amendment to the Act, vesting discretionary power in the Special Judge to not impose the statutory minimum sentence in cases where de facto consent is apparent on part of the girl child or where such a relationship has culminated in marriage, with or without children.

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After a careful review, the Commission is of the measured view it is not advisable to tinker with the existing age of consent under the POCSO Act, the report said. However, it also stated that it is necessary that certain amendments need to be brought in the POCSO Act.

It said that cases where there is tacit consensual sex in fact though not consent in law on part of the child aged between 16 to 18 years do not merit to be dealt with the same severity as the cases that were ideally imagined to fall under the Act, it added.

The Commission also recommended introducing guided judicial discretion in the matter of sentencing in such cases stating that this will ensure that the law is balanced, thus safeguarding the best interests of the child.

Read more: No plans to reduce age of consent for consensual relationships: Centre