NEW DELHI: Central Law Commission said that there is no need to change the age limit for consensual sex. The commission had recommended that the age limit under the POCSO Act be changed from 18 to 16. However, the current position is that there is no need to amend the age limit prescribed in the POCSO Act.

The commission had earlier recommended the amendment in the context of increasing cases of boys getting prison sentences and girls facing distress due to sexual relations during teenage love. If the girl between the ages of 16 and 18 has tacitly consented 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. The Commission's recommendation is to amend the POCSO Act so that the court can take a decision considering the circumstances and facts of the case in such incidents. It should be in cases where the age difference between the girl and the boy is not more than three years.

At the same time, the commission also suggested that juveniles who commit serious crimes can be tried as adults. Courts can exercise discretion to try those between the ages of 16-18 who commit heinous crimes. The report will be forwarded to the central government soon.