POCSO Act | No need to tinker with existing age of consent: Law Commission
The panel has also advised the introduction of guided judicial discretion in sentencing in cases involving tacit approval of children in the 16–18 age group.
Advising the Centre to introduce guided judicial discretion in the matter of sentencing in cases involving tacit approval of children in the 16-18 age bracket, the Law Commission of India has told the government not to tinker with the existing age of consent under the Protection of Children from Sexual Offences (POCSO) Act.
The Law Commission has submitted its report on the age of consent under the POCSO Act to the Union Ministry of Law and Justice in which it has suggested that amendments are needed in the legislation to remedy the situation in cases involving tacit approval, though not consent in law, on the part of children aged between 16 and 18.
The current age of consent in India is 18.
The panel said that reducing the age of consent will have a direct and negative bearing on the fight against child marriage and child trafficking. It has also advised courts to tread with caution even in cases where it is observed that adolescent love cannot be controlled and criminal intention may be missing.
(With agency inputs)
