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

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