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Validity Of Age Of Consent In Reference To POCSO Act




Banda Showmik Reddy, School of Law, Mahindra University

ABSTRACT

The age of consent in India for sexual intercourse is 18 years of age, provided for in The Protection of Children from Sexual Offences Act 2012 (POCSO). 18 years of age is one of the highest ages for age of consent globally, a vast majority of countries setting their age of consent from 14-16 years nations such as Germany (14), Italy (14), England (16), Bangladesh (16) and Sri Lanka (16), while the U.S does not have any federal legislation as to the subject, leaving it to the state legislations. In the year 1860 when the Indian Penal Code (IPC) was made the age of consent was 10. In comparison, India’s Child Marriage Prohibition Act 2006, sets the age of marriage for males and females at 21 and 18 years, respectively. Majority of the Eastern countries have a varying age for Men and Women while the latter being at the lower end. While the West maintains an equal age between both the genders for minimum age of marriage. This paper aims to discuss the relation between the age of consent for intercourse and the age of marriage and also analyse how the dynamic of consensual minors’ sexual activity is viewed in respect to them.

Keywords: Age of Consent, POCSO act, Child Marriage Prohibition Act, Indian Penal Code

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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