Lok Sabha Question No. 1361 (UNSTARRED), answered on 2026-02-06
Subject: Misuse of POCSO Act
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Shri Subbarayan K, Com. Selvaraj V

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA

## UNSTARRED QUESTION NO: 1361 TO BE ANSWERED ON 06.02.2026

## MISUSE OF POCSO ACT

## 1361:   SHRI SUBBARAYAN K AND COM. SELVARAJ V:

Will the Minister of Women and Child Development be pleased to state:

- (a). whether the attention of the Government has been drawn to the concern expressed by a two-judge bench of the Supreme Court about the repeated misuse of the Protection of Children from Sexual Offences (POCSO) Act/asking the Centre to consider introducing a "Romeo-Juliet" clause to exempt "genuine adolescent relationships" from POCSO's harshest provisions; and
- (b). if so, the details thereof along with the reaction of the Government thereto?

## ANSWER

## MINISTER OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI ANNPURNA DEVI)

(a) and (b):   The Protection of Children from Sexual Offences (POCSO) Act, 2012 was enacted by the Government of India with the objective of safeguarding children from sexual abuse and sexual offences. The Act clearly defines a child as any person below the age of eighteen years and  provides  for  graded  punishments  commensurate  with  the  gravity  of  the  offence. Subsequently,  the  Act  was  amended  in  2019  to  introduce  more  stringent  penal  provisions, including the death penalty for certain aggravated sexual offences against children, with a view to deter perpetrators and prevent the commission of such crimes.

The  POCSO  Act  does  not  explicitly  define  the  term consent ,  and  under  the  statutory framework, any sexual act involving a person below eighteen years of age is treated as an offence, irrespective of whether consent was purportedly given. Further, the POCSO Rules, 2020  were  notified  by  the  Ministry  of  Women  and  Child  Development  to  strengthen  the implementation  of  the  Act  and  to  ensure  enhanced  protection  of  children  from  sexual exploitation, abuse, and violence through child-friendly procedures and institutional safeguards.

The  legislative  decision  to  retain  the  age  of  consent  at  eighteen  years  is  a  conscious  and considered policy determination. The age of majority has been uniformly fixed at eighteen years across various statutes in order to maintain consistency and coherence within the legal framework, including, inter alia, the Bharatiya Nyaya Sanhita, 2023; the Protection of Children from  Sexual  Offences  Act,  2012;  the  Prohibition  of  Child  Marriage  Act,  2006;  the  Hindu Adoptions and Maintenance Act, 1956; the Juvenile Justice (Care and Protection of Children) Act,  2015;  and  the  Hindu  Minority  and  Guardianship  Act,  1956.The  legislative  intent underlying the aforesaid enactments reflects the settled position that individuals below the age of eighteen years are not deemed capable of providing informed consent or making decisions, the long-term implications of which they may not fully comprehend.

Uniformity  across  laws  in  prescribing  the  age  of  consent  as  eighteen  years  is  intended  to prevent manipulation, coercion, and exploitation of minors, recognising that children lack the legal and psychological capacity to give meaningful and informed consent in matters involving sexual activity. The definition of a child under the POCSO Act, 2012 and other child-centric legislations  is  also  in  conformity  with  India's  international  obligations  under  the  United Nations Convention on the Rights of the Child, particularly Article 1 thereof.

Any dilution of the age of consent or introduction of exceptions would undermine child safety, increase the risk of exploitation, and weaken India's commitment to the protection of children, especially adolescent girls.

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