On August 20, 2024, the Supreme Court of India, in a suo motu proceeding, set aside a ruling by a High Court which had effectively diluted the core intent of the Protection of Children from Sexual Offences (POCSO) Act. The apex court firmly reaffirmed that:> “POCSO does not recognise ‘consensual sex’ with minors.”The Court emphasized that minors (under 18 years) are legally incapable of giving valid consent for sexual activities, and therefore, any sexual act involving a minor is a punishable offence under POCSO, regardless of alleged consent. The bench warned against any interpretation or judicial leniency that could undermine the protective purpose of the law, which is aimed at safeguarding children from sexual exploitation and abuse.This judgment served as a clear directive to all courts to maintain the strict and protective framework of POCSO and not dilute its objectives based on arguments of consent in cases involving minors. The Supreme Court’s intervention reinforces the zero-tolerance approach toward child sexual abuse and aims to preserve the integrity and intent of child protection laws in India.
