Delhi court said that consensual sex with a girl aged below 18 years does not constitute an offence under the Protection of Children from Sexual Offences (POCSO) Act.
The court said the provisions of POCSO Act suggest that where a physical relationship — which is not in the nature of an assault — takes place with the minor girl’s consent and where the consent has not been obtained unlawfully, no offence can be said to have been committed.
The session judge explained that if this interpretation is allowed than it would mean that the human body of every individual under 18 years is the property of the state and no individual below 18 years can be allowed to have pleasures associated with one’s body.
Now it’s the responsibility of the state to avoid misuse of the by creating public awareness early marriage and unsafe sexual activities.
