Consensual sex not an exception under POCSO Act: SC
On August 20, 2024, a Division Bench of the Supreme Court, consisting of Justices Abhay S Oka and Ujjal Bhuyan, ruled that “consensual sex” is not an exception under the Protection of Children from Sexual Offences Act, 2012 (POCSO).
This ruling overturned the Calcutta High Court’s judgment in the Probhat Purkait @ Provat vs State of West Bengal case in 2023, where the court had acquitted an individual previously convicted of rape and kidnapping under the POCSO Act and the Indian Penal Code, 1860 (IPC).
In its decision, the Calcutta High Court had also made remarks criticising adolescent sexuality, stating that “female adolescents” had a responsibility to control their “sexual urges”.
In judgments in December 2023 and May 2024, the Supreme Court expressed its disapproval of these “objectionable” comments and “broad generalizations” of the High Court.
On August 20, the same bench provided guidelines for courts to draft judgments that decide an appeal against conviction (the Calcutta High Court’s judgment containing objectionable remarks, as flagged by the apex court, had been one such judgment) and established a three-member committee to assist the victim in making an “informed decision” during her rehabilitation.
Additionally, it directed state governments to ensure the careful implementation of specific provisions of the POCSO Act and the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) concerning the care, protection and rehabilitation of child victims.
