๐ Recent Development
โ A Mumbai POCSO court granted bail to a 40-year-old female teacher accused of sexually assaulting a teenage boy, citing the consensual nature of their relationship
โ This has reignited debates on judicial discretion, bail jurisprudence, and age of consent under POCSO
๐ Legal Background
โ POCSO Act (Protection of Children from Sexual Offences Act):
โข Deals with sexual offences against minors (under 18)
โข Consent is not recognised under 18 years of age
โ Burden of proof: Unlike normal criminal law, the accused bears the burden of proving innocence
โ Bail is not automatic; courts consider:
โข Nature & gravity of offence
โข Age difference between victim & accused
โข Consent claims, and duration already spent in custody
๐ Notable Precedents
โ Dharander Singh case (Delhi HC): Considered age gap & consensual nature
โ Deshraj v. State of Rajasthan (2024): SC granted bail to 18-year-old boy for relationship with 16-year-old girl
๐ Debate on Age of Consent
โ Senior Advocate Indira Jaising urged the SC to reduce age of consent from 18 to 16, calling criminalisation of adolescent relationships a violation of rights
โ Centre opposed, warning it could undermine protections for minors and increase risk of child abuse
๐ Prelims Question
Q. Under the POCSO Act, which of the following statements is correct?
A. Consent is valid if the minor is above 16 years
B. Bail is granted as per standard criminal law procedures
C. Accused bears the burden of proving innocence โ
D. Consent is recognized if recorded before magistrate
๐๏ธ Mains Question (GS2 โ Polity & Governance)
Q. โJudicial discretion in POCSO bail cases must balance the protection of minors with evolving social realities.โ Discuss the implications of criminalising adolescent relationships under the POCSO Act
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