**Executive Summary**
This document is an answer to a parliamentary question regarding the potential misuse of the Protection of Children from Sexual Offences (POCSO) Act and the possibility of introducing a "Romeo-Juliet" clause. The response affirms the government's commitment to the current legal framework, which defines a child as anyone under eighteen years of age and emphasizes uniformity across laws to protect minors. The question was slated to be answered on 06.02.2026.
**Key Points / Main Content**
* **POCSO Act Overview:**
* The POCSO Act, enacted in 2012, aims to safeguard children from sexual abuse and offences.
* The Act defines a "child" as any person below the age of eighteen years.
* The Act provides for graded punishments.
* Amendments in 2019 introduced more stringent penal provisions, including the death penalty for aggravated offences.
* **Consent and Statutory Framework:**
* The POCSO Act does not explicitly define "consent."
* Any sexual act involving a person under eighteen is treated as an offence, regardless of purported consent.
* POCSO Rules, 2020, strengthen implementation and child protection.
* **Age of Consent:**
* Retaining the age of consent at eighteen is a conscious policy decision to maintain consistency across various statutes.
* These statutes include: 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.
* **Rationale for Age of Consent:**
* Individuals under eighteen are not considered capable of providing informed consent due to their inability to fully comprehend long-term implications.
* Uniformity prevents manipulation, coercion, and exploitation of minors.
* The definition of "child" aligns with India's international obligations under the United Nations Convention on the Rights of the Child.
* **Government Stance:**
* Diluting the age of consent or introducing exceptions would undermine child safety and increase the risk of exploitation.
**Impact Analysis**
**Impact:** The legislative intent is to protect children, particularly adolescent girls, and prevent exploitation.
**Action Required:** No specific action is required based on the document; it outlines the government's position and existing legal framework.
Key Entities Referenced
Protection of Children from Sexual Offences (POCSO) Act, 2012: A law enacted to safeguard children from sexual abuse and sexual offences, defining a child as anyone below 18 years and establishing punishments for offences.
Ministry of Women and Child Development: The ministry responsible for implementing the POCSO Act and notifying related rules.
POCSO Rules, 2020: Rules notified by the Ministry of Women and Child Development to strengthen the implementation of the POCSO Act and enhance protection of children.
Bharatiya Nyaya Sanhita, 2023: One of the statutes that fixes the age of majority at eighteen years to maintain consistency.
United Nations Convention on the Rights of the Child: International convention that India's child-centric legislations are in conformity with, especially Article 1 thereof.
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 intentunderlying 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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