Response

Any form of sexual relationship between two minors, irrespective of their consent is known as statutory rape, which is unlawful because either party of such act is below the legal age to get involved sexually, further making them incapable of giving their consent to the said act.

Hence, the consent is irrelevant. Statutory rape falls under Section 375 and 376 of Indian Penal Code.

Any form of sexual relationship between two minors, irrespective of their consent is known as statutory rape, which is unlawful because either party of such act is below the legal age to get involved sexually, further making them incapable of giving their consent to the said act.

Hence, the consent is irrelevant.

Section 2(d) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) defines a ÔchildÕ as to any person below the age of 18.

This act provides justice without any gender discrimination as every person under the age of 18 who are incompetent to give their consent.

Hence, any person, involved with any sexual act covered under this act and the victim involved is under the age of 18, the offence is punishable as it is considered to be violation of this Act.

Section 34(1) states on offence committed by the offender, who is a child himself, shall be tried under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000.

Section 19 of the Act encourages and make it obligatory to report such crime to the Special Juvenile Police Unit or the local police enshrined in POCSO, failure of which is punishable with imprisonment of either description which may extend to six months or with fine or with both.

Hence, consensual sex between minors is illegal in India.

Reference: Section 375 and 376 of Indian Penal Code, Protection of Children from Sexual Offences Act, 2012 (POCSO Act), Juvenile Justice (Care and Protection of Children) Act, 2000. – 202100314-20210043-7644 –

LAWAYZ-2023-508