Why Should the Age of Consent Need to be Reduced to 16 Years from 18 Years in India?: A Critical Analysis of Laws and Judicial Pronouncement

  • Antim Bala
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  • Antim Bala

    LL.M. student at Chaudhary Devi Lal University Sirsa, Haryana, India

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Abstract

The Protection of Children from Sexual Offenses Act and the Bharatiya Nyaya Sanhita are the main pieces of law that prohibit minors from giving their permission for sexual actions. This created a conflict between consensual sexual behaviour and coercive sexual behaviours. The preamble of the POCSO Act states that the child's best interests are its main goal. The statute was not designed to penalize consensual physical activity, but rather to protect children from sexual harassment. It is necessary to adapt the strict rules to the technology era in the current era. This research study looks at all national and international regulations pertaining to children's consent ages for sexual activity. He emphasized the necessity of changing the strict legislation. Regarding the recently arisen concerns, the judicial perspective is liberal in the present situation. Therefore, in light of the contemporary modern day, the prohibition of consenting sexual activity has to be relaxed.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 1, Page 1860 - 1869

DOI: https://doij.org/10.10000/IJLMH.119075

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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