The Persecution of Consent: Judicial Sensitivity and the POCSO Act
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Article summary
The strict application of the Protection of Children from Sexual Offences (POCSO) Act, 2012, which sets the age of consent at 18, has increasingly led to the criminalization of consensual adolescent relationships. Because the law does not distinguish between coercive sexual exploitation and consensual teenage romance, young boys often face severe mandatory minimum sentences, while minor girls endure institutional trauma and social stigma. Legal experts and various High Courts have emphasized the urgent need for legislative amendments or guided judicial discretion to handle such cases with sensitivity, ensuring that the protective intent of the law does not inadvertently upend young lives.
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Sample questions — answers revealed after test
Q1. With reference to the Protection of Children from Sexual Offences (POCSO) Act, 2012, which of the following statements is correct?
Q2. A sessions court in India is trying a case where a 17-year-old boy and a 17-year-old girl were in a consensual romantic relationship. The girl's parents filed a complaint under the POCSO Act, 2012. The judge, sympathetic to the circumstances, wishes to award a lighter sentence than the prescribed minimum. Which of the following best describes the legal position the judge faces?
Q3. Consider the following statements regarding the POCSO Act, 2012 and the recommendations of the 283rd Law Commission Report: 1. The POCSO Act's strict liability framework means that the subjective consent of a minor between 16 and 18 years provides no legal defence to the accused. 2. The 283rd Law Commission Report recommended lowering the age of consent from 18 to 16 years to reduce the unintended criminalisation of adolescent relationships. 3. The mandatory minimum sentencing provisions of POCSO compel courts to rely on extraordinary constitutional powers rather than ordinary judicial discretion when seeking equitable outcomes in consensual adolescent cases. 4. The application of POCSO to consensual adolescent relationships can result in re-victimisation of the minor girl, contrary to the Act's protective intent. Which of the statements given above are correct?