The Karnataka high court has directed the Law Commission of India to reconsider the age of consent in Protection of Children from Sexual Offences (Pocso) Act.
“Having come across several cases relating to minor girls above 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,” said a division bench of justices Suraj Govindaraj and G Basavaraja in a judgment passed on November 5.
“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 (Indian Penal Code) and/or Pocso Act,” the bench added.
The observation was made while the court was hearing an appeal filed by the state challenging the acquittal of an accused booked under the Pocso Act. The bench found that the in 2017, the accused boy had eloped with a 17-year-old girl and developed physical relationship with her.
Though the girl’s parents had filed a complaint, all the witnesses turned hostile during the hearing. While the case continued, the two got married and now have two children.
A trial court had acquitted the accused of the charges pertaining to rape against a minor girl under the Pocso Act.
On Saturday, the high court while upholding the acquittal, said that it was lack of awareness of Pocso Act and IPC that is resulting in many offences being committed by young persons.
“It is also seen that many of the above offences which are deemed offences to have been committed as a result of or on account of lack of knowledge on the part of the minor girl and the boy,” the court observed. “Many a time the boy and girl involved are either closely related or very well known to each other being classmates or otherwise.”
Stating that lack of knowledge of law is not an excuse for committing a crime, the bench stressed on the need that “students especially at least of class 9 onwards, are educated on the aspects of Pocso Act, the acts which are criminalised under the Pocso Act as also under the Indian Penal Code”.
The Protection of Children from Sexual Offences Act, 2012 aims to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of special courts for trial.
According to the Act, whoever commits sexual assault on a child below 16 years of age shall be punished with jail term ranging from 20 years to imprisonment for life (or the remainder of natural life of the person) besides a fine.
The court gave directions to the Law Commission as well as the Karnataka government in this regard. It also directed the principal secretary of the state’s education department to constitute a committee to formulate suitable education material in this regard, and thereafter issue necessary directions to all schools, that students are to be educated and forewarned of the consequences of their action.
The court posted the matter for December 5 and asked the department to file a compliance report by then.
(With agency inputs)
