Law Commission Report on Age of Consent

Latest Context:

Recently, the Law Commission submitted a report titled 'Age of Consent Under the Protection of Children from Sexual Offences (POCSO) Act, 2012.'

Report on Age of Consent in POCSO Act:

• In a report, the Law Commission has refused to lower the age of consent. This decision is motivated by concerns that reducing the age of consent could negatively impact the efforts to combat child marriage and child trafficking (child exploitation).

Understanding Age of Consent:

• The age of consent refers to the legal age at which a person can provide consent for marriage or engage in sexual intercourse. Currently, the POCSO Act, 2012, sets this age at 18 years.

POCSO Act Overview:

• The Protection of Children from Sexual Offences (POCSO) Act is aimed at safeguarding minors from sexual exploitation.
• Under the POCSO Act, sections 4 and 8, engaging in penetrative sexual assault or sexual assault with a person below 18 years of age carries a minimum prison sentence of 10 years and three years, respectively.
• However, this legislation has sometimes been misused to criminalize mutually agreed relationships among teenagers, resulting in additional pressure on the judiciary.

Key Recommendations:

1. Amending the POCSO Act:

• Judicial Discretion: Allow courts to exercise discretion in sentencing, permitting punishments below the minimum jail terms required in the POCSO Act.
• Conditional Discretion: This judicial discretion can be contingent upon specific conditions:

• The presence of implicit consent (Implicit consent refers to an unspoken or implied agreement or permission that is understood or assumed based on the circumstances or context).
• The accused being no more than three years older than the minor

2. Amendment in Juvenile Justice Act, 2015:

• Empowering Juvenile Courts: Grant juvenile courts the authority to issue appropriate orders when minors are charged under the POCSO Act in cases of consensual (mutually agreed) relationships.

Conclusion:

The Law Commission's report addresses the complexities surrounding the age of consent in the POCSO Act and suggests amendments to provide a more balanced approach to cases involving teenagers.

Question: Which other Act does the Law Commission recommend amending alongside the POCSO Act to address consensual relationships involving minors?

a) Indian Penal Code (IPC)

b) Child Marriage Restraint Act

c) Juvenile Justice Act, 2015

d) Protection of Children from Sexual Offences (POCSO) Act

Answer: c) Juvenile Justice Act, 2015

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