Reconsider consent age in POCSO cases: Karnataka High Court to law panel

Bengaluru, November 6

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.

Take ground realities into consideration

We are of the opinion that the Law Commission of India will have to rethink on the age criteria, so as to take into consideration the ground realities. Bench

In a judgment passed on November 5, a Bench of Justices Suraj Govindaraj and G Basavaraja said, “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 will have to rethink on the age criteria, so as to take into consideration the ground realities.” The court was hearing an appeal filed by the police challenging the acquittal of a POCSO accused.

It found that the girl, then 17, had eloped with the boy in 2017. Though the girl’s parents had filed the complaint, all the witnesses turned hostile. While the case continued, the two got married and now have two children. Confirming the boy’s acquittal, the court, however, gave directions to the Law Commission as well as the Education Department in Karnataka.

Though lack of knowledge of POCSO and IPC is not an excuse, the HC said students should be made aware of the POCSO Act.