Critical Analysis: Age Determination Under The POCSO Act, 2012
- IJLLR Journal
- May 7, 2023
- 1 min read
Arshia Sekhri, Jindal Global Law School
INTRODUCTION
The Protection of Children from Sexual Offences Act,2012(POCSO)1 was enacted to strengthen legal provisions for the protection of children from sexual abuse and exploitation. Section 2(1)(d) of the act defines child as any person under the age of 18 years, thus this act helps protecting all children under the age of 18 years from offences such as sexual assault, sexual harassment, and pornographic acts2. Further, it applies in circumstances when a child falls victim to a crime of sexual abuse, as enumerated in the Act. Therefore, the role of age determination thus becomes very essential in determining whether the case falls under the POCSO,2012 or will be tried under the IPC,1860. When a victim is determined to be a minor i.e., below the age of 18, then only a case can be tried under POCSO Act, 2013.
