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‘Consensual sex between juveniles not a crime’: Karnataka HC on POCSO Act

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New Delhi: The POCSO Act came into force in 2012. Its purpose is to protect children from sexual crimes and sexual abuse. Under this, the guilty is punished based on the severity of the crime.
POCSO Act: During the hearing of a recent case in the Karnataka High Court, important remarks were made on the ‘Protection of Children from Sexual Offences’ (POCSO) Act. During the hearing on ‘C Raghu Verma vs State of Karnataka’, the High Court said that the purpose of the POCSO Act is not to criminalize consensual sex between juveniles, but to protect them from sexual abuse. Strict sections are imposed against the accused when action is taken under the POCSO Act.

According to the report of the Bar and Bench, Justice Hemant Chandanagoudar made this important comment on the POCSO Act and quashed the criminal case against a 21-year-old man. The young man had married a minor girl, after which a case was registered against him under the provisions of the Indian Penal Code (IPC), POCSO Act and the Prohibition of Child Marriage Act. This comment of the court is being considered as very important.

In fact, the court said that the accused and the minor girl come from that section of the society, which is economically and socially backward. There is a lack of information with them. They did not even know what the consequences would be if they got married.

The High Court further said, “The purpose of the POCSO Act is to protect minors from sexual abuse and not to criminalize consensual relationship between two juveniles. Those who do not even know what the consequences of consensual sex can be.

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