Legislature must consider concern over age of consent under Pocso: CJI
The legislature must address concerns related to the age of consent under the Pocso Act, which criminalises consensual sexual activities even in ‘romantic’ relationships for those under the age of 18, Chief Justice of India (CJI) Dhananjaya Y Chandrachud said on Saturday.
The legislature must address concerns related to the age of consent under the Protection of Children from Sexual Offences (Pocso) Act, which criminalises consensual sexual activities even in ‘romantic’ relationships for those under the age of 18, Chief Justice of India (CJI) Dhananjaya Y Chandrachud said on Saturday.

“You are aware that the Pocso Act criminalises all sexual acts for those under the age of 18, regardless of whether consent is factually present between the two minors because the presumption of the law is that there is no consent in the legal sense below the age of 18,” the CJI said at the inauguration of a two-day national consultation on the Pocso law here.
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“In my time as a judge, I have seen that this category of cases poses difficult questions for judges across the spectrum,” he said, adding: “There is a growing concern surrounding the issue which must be considered by the legislature in view of reliable research by experts in adolescent health care.”
The CJI’s remarks came against the backdrop of several high courts recently raising similar concerns and demanding that “romantic relations” between adolescents should not be criminalised.
Last month, the Delhi high court noted that the intention of the Pocso Act was to protect children from sexual exploitation and it was “never meant to criminalise consensual romantic relationships between young adults”. Likewise, the Meghalaya high court also observed in November that acts of mutual love and affection between a young couple will not amount to “sexual assault” under the concerned law.
The Karnataka high court in November directed the Law Commission of India to reconsider the age of consent in the Act.
The CJI said sexual abuse of children remains a hidden problem as there is a culture of silence and therefore, the state must encourage families to report abuse even where the perpetrator is a family member.
“There is an urgent need to ensure that the so-called honour of the family is not prioritised above the best interest of the child,” he said.
“It is an unfortunate fact that the manner in which the criminal justice system functions sometimes compounds drama, the victims’ trauma. The executive must, therefore, join hands with the judiciary to prevent this from happening,” he added.
The CJI also reminded judges that children may not have the same vocabulary that adults do and may not discuss the details of the abuse in the same way as the adults do. “This does not mean that they do not know what the perpetrator has done to them. Children of different ages may express themselves differently. But the essence of what they are communicating must be understood especially during cross-examination. Their contact with the criminal justice system must suit their needs as a vulnerable class of people,” he said.
