Consensual Sex Above The Age Of 16 Should Be Excluded From POCSO Act, Says Madras High Court

Setting aside the 10 years rigorous imprisonment awarded by a trial court under the Protection of Children from Sexual Offences (POCSO) Act, the Madras High Court has made an observation that has far-reaching consequences.

The Madras High Court on Friday observed that anyone above the age of 16 or above should not be considered a minor and ¡°Any consensual sex after the age of 16 or bodily contact or allied acts could be excluded from the rigorous provisions of POCSO Act, and sexual assault could be tried under more liberal provisions which can be introduced in the Act, differentiating sexual assault and teenage relationships,¡± Justice V Parthiban of the high court, observed.

Presently, sexual relations with a person below the age of 18 would constitute a statutory sexual offense under the POCSO Act. The punishment for such an offense includes rigorous imprisonment.

Setting aside the verdict of the Fast Track Mahila Court in Namakkal, Tamil Nadu, in June 2018 where the accused who had eloped with a girl how was 17-year-old at the time the court said ¡°In cases where the age of the girl is below 18 years, even though she is capable of giving consent, being mentally matured, unfortunately, the provisions of POCSO Act get attracted if such a relationship transcends beyond platonic limits, catching up with the so-called offender of sexual assault warranting a severe imprisonment of 7/10 years.¡±

¡°Therefore, on a profound consideration of the ground realities, the definition of ¡®Child¡¯ can be redefined as 16 instead of 18,¡± the judge opined.

The case was filed by the grandparents of the girl, accusing the youth of abducting her.

Bur during the trial, a number of witnesses, include the girl turned hostile and told the court that she went with the accused on her free will.