THE RIGID APPLICATION OF POCSO IN CASES INVOLVING CONSENSUAL ADOLESCENT LOVE (16–18 YEARS) RESULTS IN UNINTENDED MISUSE AND OVER CRIMINALIZATION

ABSTRACT The Protection of Children from Sexual Offences (POCSO) Act, 2012, was enacted in India to provide a robust legal framework for safeguarding children from sexual abuse and exploitation. While the statute plays a crucial role in protecting minors, its rigid and uniform application has led to unintended consequences, particularly in cases involving consensual romantic relationships between adolescents aged 16 to 18 years. By criminalizing all forms of sexual activity involving individuals below eighteen, the law fails to distinguish between exploitative conduct and mutually consensual acts among peers. This has resulted in the prosecution of young individuals often boys under severe penal provisions, despite the absence of coercion or abuse. This paper examines how the strict enforcement of the POCSO Act contributes to overcriminalization and potential misuse, especially when familial or societal disapproval transforms consensual relationships into criminal complaints. It analyzes judicial trends, sociolegal implications, and the tension between child protection and adolescent autonomy. The study argues for a more nuanced and context-sensitive approach that balances safeguarding objectives with the realities of adolescent development, and explores the need for legal reform or interpretative flexibility to prevent injustice.