pocso

NEW DELHI: Recommendation for an amendment in the POCSO Act to reduce punishments to avoid situations where the boy goes to jail and the girl suffers hardship even after marriage for a physical relationship in teenage love. The Law Commission's recommendation is in view of the increasing number of such incidents.

The Law Commission of India is of the view that if a girl between the ages of 16 and 18 has given tacit approval to sexual intercourse during a teenage relationship, the boy can be given a lighter sentence than the minimum sentence of 10 years under the POCSO Act.

It is reported that the commission has prepared a recommendation that the POCSO Act should be amended so that the court can take a decision considering the circumstances and facts of the case, in such situations.

Court has discretion

Things to be noted before judgement

  1. The girl's tacit approval (the commission used the word tacit approval, not consent)
  2. Marriage after puberty
  3. Have the family members accepted the marriage?
  4. Are children born?
  5. Being married should not be the only circumstance
  6. A criminal background check is required
  7. There should be no fraud or undue influence
  8. It should be ensured that it is not part of human trafficking
  9. Financial status of the girl should be checked
  10. Should not be part of pornography