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International Journal for Research Trends and Innovation
International Peer Reviewed & Refereed Journals, Open Access Journal
ISSN Approved Journal No: 2456-3315 | Impact factor: 8.14 | ESTD Year: 2016
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Issue: May 2026
Volume 11 | Issue 5
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Impact Factor : 8.14
Issue per Year : 12
Volume Published : 11
Issue Published : 120
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| Paper Title: | Criminalising Consent: A Research for Reforming POCSO's Age Threshold |
| Authors Name: | Tanmay Choudhary |
| Download E-Certificate: | Download |
| Author Reg. ID: |
IJRTI_211709
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| Published Paper Id: | IJRTI2604240 |
| Published In: | Volume 11 Issue 4, April-2026 |
| DOI: | |
| Abstract: | The Protection of Children from Sexual Offences Act, 2012 (POCSO) was enacted in the light of growing cases related to child sexual abuse and exploitation. However, the legislation didn’t always function the way its drafters imagined. After more than a decade into its enforcement, the statute revealed many troubling paradoxes due to its rigid frameworks, which was often struggled by the court to be ignore. The main problem lies in the question that how the act handles adolescent consensual relationships. The act works on strict liability principle, leaving no room for consent of below the age of eighteen years. In practice, this means consensual relationship with person even slightly below the age of eighteen could land him/her in prison. Even the families not behind to use the statute as a tool of exploitation. NCRB data and judicial pronouncements from Supreme Court and various High Courts have recognise the growing pattern of using the POCSO Act, not to report genuine exploitation but to punish adolescent relationships that cross caste, communities and religious boundaries. The paper examines this paradox and issue through various judicial pronouncements, legal statistics and comparative legal frameworks, and aims to focus upon the sexual autonomy of adolescents. It argues for the introduction of a close-in-age exception, which in the recent trend, was itself flagged by the honourable Supreme court in recent proceedings of 2026, which aims to protect consensual teenage intimacy while prosecuting the genuine abuse. |
| Keywords: | POCSO, Age of Consent, Adolescent, Sexual Autonomy, Familial Misuse, Romeo Juliet Clause |
| Cite Article: | "Criminalising Consent: A Research for Reforming POCSO's Age Threshold", International Journal for Research Trends and Innovation (www.ijrti.org), ISSN:2456-3315, Vol.11, Issue 4, page no.b743-b750, April-2026, Available :http://www.ijrti.org/papers/IJRTI2604240.pdf |
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| ISSN: |
2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016 An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator |
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Published Paper ID: IJRTI2604240
Registration ID:211709
Published In: Volume 11 Issue 4, April-2026
DOI (Digital Object Identifier):
Page No: b743-b750 Country: Kharar/Mohali, Punjab, India Research Area: Social Science and Humanities Publisher : IJ Publication Published Paper URL : https://www.ijrti.org/viewpaperforall?paper=IJRTI2604240 Published Paper PDF: https://www.ijrti.org/papers/IJRTI2604240 |
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ISSN: 2456-3315
Impact Factor: 8.14 and ISSN APPROVED,
Journal Starting Year (ESTD) : 2016
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