The Law Commission has recommended that the Indian government retain the existing age of consent specified in the Protection of Children from Sexual Offences POCSO Act, which is 18 years. This decision follows an evaluation that reducing the age of consent might have detrimental effects on efforts to combat child marriage and child trafficking.
The commission has also advised the Law Ministry to introduce guided judicial discretion when determining sentencing in cases involving tacit approval of children aged 16 to 18. The Law Commission’s recommendations aim to address cases involving tacit approval of children within this age group while not necessarily constituting legal consent.
In its report, which was submitted to the Law Ministry, the panel emphasized the need for courts to exercise caution when dealing with cases under the POCSO Act. It noted that certain cases might lack criminal intent, as adolescent love can be a complex and uncontrollable matter.
Additionally, the Law Commission proposed the phased implementation of e-FIR (First Information Report) registration, starting with offenses carrying up to three years of imprisonment. The report also suggested the establishment of a centralized national portal to facilitate e-FIR registration.
These recommendations by the Law Commission reflect efforts to protect children from sexual offenses while considering the nuances of adolescent relationships and legal procedures.
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