Supreme Court questions POCSO Act provisions, says age 15-18 is a period of adolescent experimentation

The Supreme Court has raised concerns over the criminalisation of consensual relationships among adolescents under the Protection of Children from Sexual Offences (POCSO) Act, observing that the age group between 15 and 18 years is a phase of experimentation and development.

The court noted that while the POCSO Act aims to protect children from sexual abuse and exploitation, its strict provisions may sometimes impact cases involving consensual relationships between teenagers.

The observations came during proceedings where the court discussed the need to differentiate between cases of sexual exploitation and genuine adolescent relationships. It also highlighted concerns over the possible misuse of the law against teenagers involved in consensual relationships.

The Supreme Court has previously suggested examining legal reforms, including the possibility of introducing a framework similar to a “Romeo-Juliet clause” to address such situations while ensuring protection of minors.

However, the court reiterated that the primary objective of the POCSO Act remains safeguarding children from abuse, assault and exploitation.