Context: Recently, the Law Commission of India has recommended the government to retain the existing age of consent under the Protection of Children from Sexual Offences (POCSO) Act.

• The current age of consent in India is 18 years.

• The commission noted that reducing the age of consent might have damaging effects on fighting child marriage and child trafficking.

Key  recommendations given by the Law Commission on the POCSO Act

Age of Consent in POCSO Act

• The Law Commission has recommended the government to retain the existing age of consent under the Protection of Children from Sexual Offences (POCSO) Act.The current age of consent in India is 18 years.

• It said that reducing the age of consent would have a direct and negative bearing on the fight against child marriage and child trafficking.

Tacit Approval

• The Law panel suggested amendments in the POCSO Act, 2012 for cases where children aged 16 to 18 give tacit approval, not legal consent.

• The panel also advised the courts to tread with caution even in cases related to adolescent love, where criminal intention may be missing. This will ensure that the law is balanced, thus safeguarding the best interests of the child.

Reporting crime in real time

• The Law Commission also submitted a report in which it recommended rolling out the registration of e-FIRs in a phased manner, beginning with offences that attract a jail term of up to three years.

• The panel said that e-FIRs will tackle the persisting issue of delays in the registration of FIRs, and will allow citizens to report crimes in real time.

About Protection of Children from Sexual Offences (POCSO) Act

• It is the first comprehensive law in the country dealing specifically with sexual abuse of children, enacted in 2012 and is administered by the Ministry of Women and Child Development.

• It was intended to protect children from sexual assault, sexual harassment and pornographic violations, as well as to establish Special Courts for such trials.

• In 2019, the Act was amended to strengthen the penalties for specified offences in order to deter abusers and promote a dignified upbringing.

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.

Concerns

• Such abuse is on the rise: Particularly since the Covid-19 outbreak, when new forms of cybercrime have emerged.

• Lack of awareness or knowledge: On the part of minor girls, boys, parents and society as a whole.

• Criminalisation of adolescent sex: The CJI D Y Chandrachud asked lawmakers to look into growing concern over criminalisation under the POCSO Act of adolescents who engage in consensual sexual activity.

Road Ahead

• The government should provide adequate resources such as funding and personnel to investigating agencies handling POCSO cases. This will help to ensure that investigations are conducted in a timely and efficient manner.

• Investigating officers should be provided with proper training on the handling of POCSO cases. This can include training on the proper techniques for collecting and preserving evidence, interviewing child victims and witnesses, and the legal requirements of the POCSO Act.

• Setting up special courts for POCSO cases can help to ensure that cases are handled promptly and efficiently. This will also help to speed up the trial process, which can be important for the victim and their family.