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PAPER ID:IJIM/Vol. 7(XI)/March 2023/28-32/7
AUTHOR: Ritu
TITLE: AGE OF CONSENT FOR SEXUAL RELATIONSHIPS IN INDIA: A REFERENCES WITH POCSO ACT
ABSTRACT: Numerous studies that have gathered information from various Indian States show that the 2012 Protection of Children from Sexual Offenses Act prosecutes consenting sexual conduct in a significant portion of cases. The “age of consent” been increased from sixteen to eighteen thanks to the POCSO Act. Consensual sexual behavior with a minor as one of the partners has become illegal as a result of this rise. What purpose does raising the “age of consent” serve? Has raising the “age of consent” accomplished the purpose of preventing sexual predators from preying on children? Has it led to the criminalization of coerced sexual behavior between adults who are of legal sexual consent age? Is pre-trial detention appropriate in a case involving a romantic relationship? Does consenting to sexual activity with a minor under the age of sixteen or seventeen constitute a “moral” violation that calls for a minimum sentence of ten or twenty years in prison? The purpose of this paper is to examine and analyze POCSO Act judgements in great detail. Only the rulings of the Mumbai Special Courts Greater Mumbai and Dindoshi have been analyzed in order to reach a comprehensive perspective and avoid becoming overwhelmed by the volume of cases. The authors were unable to obtain case records like notes of evidence since only the Special Courts’ rulings and orders are available to the public (on the court’s website)
KEYWORDS: Age of Consent, Relationship, POCSO Act 2012, Marriage, Family, Law