Age of consent under POSCO Act must be reconsidered by the Law Commission: Karnataka High Court

Age of consent under POSCO Act must be reconsidered by the Law Commission: Karnataka High Court

In a significant observation, the Karnataka High Court stated that, given the ground realities, the Law Commission must reconsider the age of consent under the POCSO Act. The division bench, comprising Justice Suraj Govindraj and Justice G. Basavaraja, stated that "Having come across several cases relating to minor girls above the age of 16 years having fallen in love and eloped and in the meantime, having had sexual intercourse with the boy, we are of the considered opinion that the Law Commission of India would have to rethink on the age criteria, so as to take into consideration the ground realities. The aspect of consent even by a girl of 16 years and above would have to be considered if there is indeed an offence under the IPC and/or POCSO Act."

Furthermore, the bench emphasized the importance of educating students from the IX standard on the aspects of the POCSO Act in order for them to understand the acts that are criminalized under the POCSO Act as well as the Indian Penal Code.

In light of this observation, the Court also directed the Principal Secretary of the State Education Department to form a committee to develop appropriate educational materials in this regard, and to issue necessary directives to all schools, requiring students to be educated and warned of the consequences of their actions if they violate the POCSO Act or the IPC.

The case involved a state appeal challenging the acquittal of a Rape and POCSO Act accused who eloped with a 17-year-old girl and engaged in sexual intercourse with her in 2017.

Despite the fact that the girl's parents filed a complaint, all of the prosecution witnesses became hostile, and while the case was ongoing, the accused and the victim married, and the victim gave birth to two children. Given the circumstances, the trial court acquitted the accused of the charges laid under Section 376(2)(j), as well as Sections 5(1) and 6 of the POCSO Act.

The court posted the matter for December 5 and asked the department to file a compliance report by then.

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