The Law Commission has advised the government not to tinker with the existing age of consent under the POCSO Act and recommended introducing guided judicial discretion in the matter of sentencing in cases involving tacit approval of children in the 16-18 age bracket.

The panel said reducing the age of consent will have a direct and negative bearing on the fight against child marriage and child trafficking and also advised courts to tread with caution even in cases where it is observed that adolescent love cannot be controlled and criminal intention may be missing.

The Law Commission has submitted its report on the age of consent under the Protection of Children from Sexual Offences (POCSO) Act to the Law Ministry in which it has suggested that amendments are needed in the legislation to remedy the situation in cases involving tacit approval, though not consent in law, on the part of children aged between 16 and 18.

The panel, headed by former chief justice of the Karnataka High Court Justice Ritu Raj Awasthi, said that after a careful review of existing child protection laws, and various judgements and considering the maladies of child abuse, child trafficking and child prostitution that plague our society, the commission is of the measured view that “it is not advisable to tinker with the existing age of consent under the POCSO Act”.

“However, having cautiously considered all the views and suggestions furnished in this regard, the commission said it considers it necessary that certain amendments need to be brought in the POCSO Act to remedy the situation in cases wherein there is tacit approval in fact though not consent in law on part of the child aged between 16 to 18 years,” according to the report.

The current age of consent is 18 years.

The panel said comments were also sought from the Ministry of Women and Child Development on the matter. “However, despite reminders, no response was received,” it said