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AGE OF CONSENT AND ANTICIPATORY BAIL IN ACCORDANCE WITH THE POCSO ACT

AGE OF CONSENT AND ANTICIPATORY BAIL IN ACCORDANCE WITH THE POCSO ACT

Introduction

The Protection of Children from Sexual Offences Act, 2012 is an important piece of legislation in India that was enacted with the intention of safeguarding children from being subjected to sexual manipulation and double dealing, including addressing the age of consent. Nevertheless, many performance arrangements have provoked controversies and conversations, notably around the length of time that permission is expected to be granted and the collateral that is anticipated. The ramifications of the POCSO Act are investigated in depth in this article, which also investigates the controversial problems that are at hand.

There are cases that fall within the Protection of Children from Sexual Offences Act (POCSO), which was passed in 2012, that serve as examples of children being used as weapons, despite the fact that the law was intended to protect them. Within the exhibit, the age of consent that is being alluded to is 18 years old. At the time that POCSO was regulated, the minimum age for consent was sixteen years old. Whatever the case may be, the programmed on Youngster Freedoms is responsible for raising this age to 18.

A Consent of Age

The POCSO Act has a number of crucial components, one of which is the determination of the age of consent, which is essential for accurately identifying instances of sexual offences committed against children. The demonstration made it clear that any sexual conduct with a person who is less than 18 years old is considered a criminal offence, regardless of whether or not the act is voluntary. Because of this structure, it is anticipated that children will receive complete assurance, and that any form of double dealing or abuse would be prevented.

The permanence of this arrangement, on the other hand, is a contentious issue, particularly in relation to circumstances in which adolescents engage in sexual activities with friends of a similar age and do so voluntarily. The condemnation of such behavior, according to the opinions of experts, might result in the over-adjustment of young people, particularly in circumstances where there is no manipulation or double dealing involved. One of the approaches that they propose for is one that is more nuanced and takes into account the age and development of the individuals in question.

On the other hand, those who support the current system frequently emphasize the importance of strict enforcement in order to forestall instances of double-dealing and misuse. In their argument, they contend that any variation from the prescribed age breaking point can result in the creation of escape clauses that criminals can exploit to avoid being held liable for their actions. In addition to this, they agree to prevent instances of sexually inappropriate behavior and stress the significance of teaching young people about the necessity of sound connections.

Anticipatory Bail

The availability of anticipatory bail for individuals who are accused of sexual offences against minors is yet another contentious topic that is associated with the POCSO Act. In order to avoid being arrested before to the filing of the charge sheet or the FIR, a person may apply for anticipatory bail. Nevertheless, the awarding of anticipatory bail in accordance with the POCSO Act is contingent upon the specific circumstances. In accordance with the provisions of Section 18 of the POCSO Act, a person who is suspected of committing an offence during a demonstration is not eligible to get anticipatory bail, provided the court has reasonable grounds to believe that the charge is false or imagined; procedure. The severity of the offences that are punishable by the Act is reflected in these provisions, as is the significance of making the protection of children a top priority. According to the opinions of various experts, the stringent requirements for anticipatory bail have the potential to erode the privileges of the accused and can be abused by the legal system. People who are honest are more likely to be subjected to provocation and scorn as a result of false allegations, and the anticipated bailout makes them even more vulnerable.

Supporters of the pact, on the other hand, argue that there is a necessity to safeguard the interests of young victims and to make certain that those responsible for the crimes are held accountable for their acts. They contended that the contested bail would render the POCSO Act unconstitutional and would prohibit those who were wronged from coming forward to seek justice.

Examining POCSO Act’s Age of Consent: Key Case Law

  1. State of Karnataka v. Umesh P:
    The purpose of this case was to determine how the POCSO Act’s provision regarding the age of consent should be interpreted. In the judgement that it handed down, the Supreme Court of India placed a strong emphasis on the strict liability part of the statute that pertains to sexual interactions with children. Reiterating that the age of consent under the POCSO Act is set at 18 years, the court stated that any sexual conduct with a person who is younger than this age constitutes an offence, regardless of whether or not the action was consented to. It was via this landmark judgement that the position of the judiciary on the age of consent requirement was explained. This judgement also reaffirmed the intention of the act to give complete protection to children from sexual assault. A case brought by Arnab Manoranjan Goswami against the state of MaharashtraIn this particular case, a petition was submitted in order to get anticipatory bail in accordance with the POCSO Act. The petition was in relation with claims of sexual offences committed against a minor. In its decision, the Bombay High Court reaffirmed the rigorous requirements that are outlined in Section 18 of the POCSO Act for the purpose of granting anticipatory bail. The court emphasised that the fundamental priority in such circumstances should be the protection of the child victim’s interests and the prevention of any undue influence or intimidation by the accused. This was a point that was emphasised by the court. During the process of adjudicating matters pertaining to anticipatory bail under the POCSO Act, this judgement highlighted how important it is to prioritise the wellbeing of children over the rights of the accused.
  2. National Capital Territory of Delhi v. Ajay Kumar:
    It was stated by the Delhi High Court that the purpose of the POCSO Act was to safeguard minors under the age of 18 years from sexual exploitation and not to criminalise romantic connections between young people who have given their consent to the relationship. The legislature of India has been instructed by a number of India’s High Courts to change the age of consent and to take a step further by circumventing the law and acknowledging the assent of adolescents. In and of itself, this illustrates that the courts are willing to change throughout the course of time and adjust to the ever-increasing requirements of society in order to maintain an efficient administration of justice. There have been numerous cases in which the courts have given bail to the accused on the basis of romantic ties. The fact that the POCSO Act has a high percentage of acquittals demonstrates that the law is not in line with the social realities of the interactions that adolescents have with one another. Since the period of the colonial era, there have been a number of modifications made to the legal elements of sexuality among adolescents. The chance of a young girl engaging in sexual behaviour on her own volition is not taken into consideration by the law. On the other hand, according to the findings of the National Family Health Survey (NFHS-5), forty-nine percent of women had their first sexual experience prior to reaching the age of eighteen.

Important precedents for future legal actions and clarification of the legal framework surrounding offences committed against minors are provided by these case laws, which highlight the court interpretation and application of the age of consent provision and anticipatory bail under the POCSO Act.

POCSO Act: Age of Consent – Current Changes and Events

In light of the fact that it is one of the most important factors in determining the nature of the relationship, the age at which a person gives their consent to engage in sexual actions is a topic of significant significance. The issue of the age of consent was discussed during the inaugural two-day session of the National Stakeholders Consultation on the Protection of Children from Sexual Offences, Act, 2012. The Chief Justice of India, Dr. D.Y. Chandrachud, also addressed the various difficulties that are being faced by judges of trial and appellate courts when examining cases of consensual sex among adolescents. The fundamental goal of the POCSO Act, which was passed into law in 2012, has been to protect youngsters from sexual abuse and exploitation. Additionally, the POCSO Act stipulates that any anyone who is found guilty of perpetrating sexual offences against children is subject to harsh punishment. According to the Act, a child is defined as any individual who is less than 18 years old. The consent of a “child” is irrelevant, because sexual activity that occurs with or among adolescents that is consented to is considered to be on par with rape. In spite of this, there have been calls in recent years for the age limit that is stipulated by the Act to be reconsidered. This is because there has been an increase in the number of cases of sexual offences that have occurred between the ages of 16 and 18. The minimum age requirement of 18 years old is criticised by a number of specialists as being insufficient because it does not take into account the intricacies of relationships between adolescents. Almost all of the instances that fall under the purview of the POCSO Act involve romantic connections between an adult and a minor, which are then characterised as sexual offences in order to punish the boy by the families of the boy’s girlfriend. Enfold Proactive Health Trust, a non-governmental organisation (NGO) with its headquarters in Bengaluru, collaborated with the United Nations International Children’s Emergency Fund (UNICEF) India and the United Nations Population Fund (UNFPA) to carry out a study. The study involved the examination of 1715 “romantic cases” that were registered under the POCSO Act in the states of Assam, Maharashtra, and West Bengal between the years 2016 and 2020. According to the findings of the study, “romantic cases” accounted for 24.3% of all POCSO cases between the years 2016 and 2020. Furthermore, 80.2% of these claims were submitted by the girl’s parents or other relatives.

There are numerous instances in which a couple decides to run away from their parents out of fear of opposition. This leads to the families filing a case, which in turn causes the police to book the boy for rape in accordance with the POCSO Act and abduction with the intention to marry in accordance with the Penal Code (IPC), 1860 or the Prohibition of Child Marriage Act, 2006[8]. Within the framework of the POCSO Act, the Karnataka High Court has issued a directive to the Law Commission of India, requesting that they rethink the age of consent. According to a judgement that was handed down on November 5, 2022, a Division Bench of the Karnataka High Court, which was comprised of Justices Suraj Govindaraj and G. Basavaraja, made the observation that there are multiple cases involving minor girls who are older than 16 years old and have fallen in love and eloped, which ultimately leads to them having sexual relations with the boy. The division bench also expressed their opinion that the Law Commission of India ought to reconsider the age criteria in order to take into account the actual circumstances that are occurring in the world.

Teenagers are subjected to such offences since they are the ones who are susceptible to the implementation of the POCSO Act at a young age without having the capacity to comprehend the gravity of the legislation. The fact that these cases create a significant load on our courts and divert focus away from the investigation and prosecution of true incidents of child sexual abuse and exploitation has an effect on the delivery of justice.

Conclusion 

One of the most significant aspects of the POCSO Act is the provision of anticipatory bail and the time of consent, both of which require serious deliberation and thought. In spite of the fact that the demonstration intends to offer robust protection to young people from sexual assaults, it is essential to find a way to strike a balance between ensuring that there is no harm to the accused and respecting their rights and freedoms. Both the prevention of circumstances such as sexual discrimination and double affairs, as well as the promotion of youth government assistance, should be the primary goals of any adjustments or amendments that are recommended.

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