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The Madras High Court suggested that consensual sex, physical contact or allied acts after the age of 16 be excluded from the ambit of POCSO Act. The Protection of Children from Sexual Offences Act. The POCSO Act, is a comprehensive law to provide for the protection of children from the offences of sexual assault, sexual harassment and pornography, while safeguarding the interests of the child at every stage of the judicial process by incorporating child-friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts.In keeping with the best international child protection standards, the said Act also provides for mandatory reporting of sexual offences. This casts a legal duty upon a person who has knowledge that a child has been sexually abused to report the offence; if he fails to do so, he may be punished with six months? imprisonment and/ or a fine.
POSCO uses which factor to define to a child's sexual assault?
Type of sexual offense
Age of the child
Consent of the child
Mental state of the child
Investigation about the offense
Considering the innovation in digital technology, the children are exposed to so much of information that they get matured much earlier and thus are in a position to give consent for any relationship even at the age of 16.POCSO privileges age to define to a child, wherein consent of a child is not a defence to sexual assault. Though the court directive to lower the age has been lauded. Any such amendment should not be done in haste.
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