oppn parties Pocso, Age Of Consent And Promise To Marry

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  • The home ministry has notified 50% constable-level jobs in BSF for direct recruitment for ex-Agniveers
  • Supreme Court said that if an accused or even a convict obtains a NOC from the concerned court with the rider that permission would be needed to go abroad, the government cannot obstruct renewal of their passport
  • Supreme Court said that criminal record and gravity of offence play a big part in bail decisions while quashing the bail of 5 habitual offenders
  • PM Modi visits Bengal, fails to holds a rally in Matua heartland of Nadia after dense fog prevents landing of his helicopter but addresses the crowd virtually from Kolkata aiprort
  • Government firm on sim-linking for web access to messaging apps, but may increase the auto logout time from 6 hours to 12-18 hours
  • Mizoram-New Delhi Rajdhani Express hits an elephant herd in Assam, killing seven elephants including four calves
  • Indian women take on Sri Lanka is the first match of the T20 series at Visakhapatnam today
  • U19 Asia Cup: India take on Pakistan today for the crown
  • In a surprisng move, the selectors dropped Shubman Gill from the T20 World Cup squad and made Axar Patel the vice-captain. Jitesh Sharma was also dropped to make way for Ishan Kishan as he was performing well and Rinku Singh earned a spot for his finishing abilities
  • Opposition parties, chiefly the Congress and TMC, say that changing the name of the rural employment guarantee scheme is an insult to the memory of Mahatma Gandhi
  • Commerce secreatary Rajesh Agarwal said that the latest data shows that exporters are diversifying
  • Finance Minister Nirmala Sitharaman said that if India were a 'dead economy' as claimed by opposition parties, India's rating would not have been upgraded
  • The Insurance Bill, to be tabled in Parliament, will give more teeth to the regulator and allow 100% FDI
  • Nitin Nabin took charge as the national working president of the BJP
  • Division in opposition ranks as J&K chief minister Omar Abdullah distances the INDIA bloc from vote chori and SIR pitch of the Congress
U19 World Cup - Pakistan thrash India by 192 runs ////// Shubman Gill dropped from T20 World Cup squad, Axar Patel replaces him as vice-captain
oppn parties
Pocso, Age Of Consent And Promise To Marry

By Linus Garg
First publised on 2023-08-10 09:02:15

About the Author

Sunil Garodia Linus tackles things head-on. He takes sides in his analysis and it fits excellently with our editorial policy. No 'maybe's' and 'allegedly' for him, only things in black and white.

The age of consent and the provisions of Pocso Act were once again in focus as the Delhi HC, while granting bail to a 23-year-old youth in a Pocso case, stressed that the Act was enacted to protect kids and not to criminalize relationships between young consenting adults, even though one or both of whom had not attained the age of consent as prescribed by laws currently in place.

The instant case was about the relationship between the accused and a girl who was above 17 years of age at the time of the alleged offence but not 18, which is the age of consent in India. The two were in a relationship and the girl had become pregnant after being in a consensual romantic relationship with the accused. The court said that the physical relationship between the two appeared to be out of their own free will (but the question is whether a minor's consent is valid under Pocso) although the girl had alleged in the FIR that the accused had established physical relations with her on promise of marriage.

In this case, since the girl was a minor at the time the alleged offence was committed, the provisions of the Pocso Act will be applicable first. The charge of rape under Section 375 of the IPC for not marrying after having sexual intercourse, though promising to do so, will come later. Even in the second instance, since the girl was below marriageable age and had filed the FIR before she turned 18, the charge under Pocso will get primacy.

The age of consent has been a point of discussion in many court verdicts. The judiciary is veering around to the view that young adults who are below the age of consent should not be penalized for having sexual relationships. Hence, many court verdicts have sought not to penalize young adults between 16 and 18 under Pocso. There has also been a demand from many quarters to lower the age of consent to 16.

But in this case, although the accused has been granted bail (the court was of the opinion that since the relationship appeared to be consensual and the boy had already spent nearly two years in prison, it would harm him to keep him with hardened criminals), the question of reneging on the promise of marriage, as alleged by the victim, and prosecution under Section 375 of IPC, remains.