Law Commission cautions govt over altering age of consent to 16 from 18 under POCSO Act

The Law Commission of India has advised the government against lowering the age of consent under the Protection of Children from Sexual Offences (POCSO) Act. The Law Commission made this recommendation in its report on "The Age of Consent in the POCSO Act".

The Law Commission argued that lowering the age of consent would have a number of negative consequences. First, it would make it easier for adults to have sex with minors, even if the minors are willing participants. Second, it would increase the risk of child marriage and child trafficking. Third, it would make it more difficult for authorities to investigate and prosecute cases of child sexual abuse.

The current age of consent in India is 18.

The Law Commission has submitted to the Law Ministry its report on the age of consent under the Protection of Children from Sexual Offences (POCSO) Act, in which it suggests that legislation be amended to remedy the situation in cases involving tacit approval, though not legal consent, on the part of children aged 16 to 18.

The panel stated that lowering the consent age will have a direct and negative impact on the fight against child marriage and child trafficking, and it also advised courts to exercise caution even in cases where adolescent love cannot be controlled and criminal intent may be lacking.

With inputs from PTI

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