Commission observes reducing age for consent has detrimental consequences

Panel advised Law Ministry to incorporate a system of guided judicial discretion

Law Commission formally submits its report to the Law Ministry

The Law Commission has issued a recommendation against reducing the age of consent to 16 within the framework of the Protection of Children from Sexual Offences (POCSO) Act.

Their rationale behind this counsel is rooted in concerns that such a reduction could potentially have detrimental consequences with regard to combatting child marriage and child trafficking. It is important to note that the current age of consent in India stands at 18 years.

The panel has advised the Law Ministry to incorporate a system of guided judicial discretion when determining sentences in cases involving the tacit approval of individuals falling within the 16-18 age bracket.

The Commission has also put forth proposals for amendments to the legislation that would enhance its capacity to address cases involving tacit approval of children, even though such approval does not necessarily constitute legal consent for individuals in this age group.

The Law Commission’s report regarding the age of consent under the POCSO Act has been formally submitted to the Law Ministry. In this report, the panel has urged caution among courts when adjudicating POCSO cases, highlighting their observation that certain cases may lack criminal intent, particularly in instances where adolescent relationships are involved and emotional nuances are at play.

Additionally, the Law Commission has recommended the phased implementation of e-FIR (electronic First Information Report) registration, beginning with offenses carrying a maximum jail term of three years.

In the report, which was released to the public on September 29, the law panel has also proposed the establishment of a centralized national portal to streamline the process of e-FIR registration.