The Supreme Court criticized the Calcutta High Court for observing in a judgment that POCSO Act must be amended to decriminalise consensual sexual acts involving adolescents above sixteen years.
About POCSO Act:
The Protection of Children from Sexual Offenses (POCSO) Act, 2012 was enacted by Govt. of India to safeguard children from sexual abuse and sexual offences.
The Act clearly defines a child as any person below the age of 18 years.
The Act was further reviewed and amended in 2019 to introduce more stringent punishment including the death penalty for committing sexual crimes on children.
The Government of India has also notified the POCSO Rules, 2020.
Key provisions:
Gender-neutral legislation: The Act defines a child as "any person" under the age of 18.
Non-reporting is a crime: Any person in charge of an institution (excluding children) who fails to report the commission of a sexual offence involving a subordinate faces punishment.
No time limit for reporting abuse: A victim may report an offence at any time, even years after the abuse has occurred.
Keeping victim’s identity confidential: The Act forbids the disclosure of the victim's identity in any form of media unless authorised by the special courts established by the Act.
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