Comparative Analysis Of Age Of Consent For Sexual Relationships: A Study Of POSCO Act Vis- À-Vis Juvenile Justice Act In India

Shubhang Ignatius Francis, Christ, (Deemed to be) University

ABSTRACT

In India, the Juvenile Justice Act of 2015 and the Protection of Children from Sexual Offences (POCSO) Act of 2012 are important legislation that safeguards the rights and welfare of minors under the age of 18. Section 2(1)(d) of the POCSO Act and Section 2(12) of the Juvenile Justice Act both defineachildasanypersonundertheageof18,providinga legalframework for handling matters involving minors. the main difference between these regulations is how they see a child's ability for consent and decision-making. The POCSO Act strictly states that anybody under the age of eighteen is not capable of comprehending the effects of having a sexual relationship. This assumption is based on the belief that people under the age of eighteen are fundamentally incapable of making mature judgments about entering into sexual relationships. whereas the Juvenile Justice Act provides a different viewpoint. It acknowledges that, individuals between the ages of 16 and 18 can have decision-making skills. The Juvenile Justice Act permits, in some situations, the trial of minors under the age of eighteen as adults. It is acknowledged that not all people under the age of eighteen may be considered as incapable of making decisions. The differences Juvenile Justice Act and the POCSO Act on how a minor's capacity for consent and decision-making,draw attention to the complex understandingbetween these legal frameworks. These complexities among legal frameworks that has a common objective of protection of minors' rights. The age of consent should also be reevaluated, as this article suggests, as it may not always be appropriate for all circumstances to set it at 18. The article argues for modifications to the legal system, emphasising the necessity of evaluating minors' mental capacity on a case-by-case basis through an research based on precedents and existing data.

Keywords: Age of consent, Juvenile Justice Act, POCSO Act, Mental capacity