synopsis

The Gwalior bench of Madhya Pradesh High Court has recommended to the Centre to consider lowering the age from the current 18 years to 16 years under the Protection of Children from Sexual Offences Act.

The Gwalior bench of Madhya Pradesh High Court has recommended to the Centre to consider lowering the age from the current 18 years to 16 years under the Protection of Children from Sexual Offences Act. The HC has requested that the Union of India take into account decreasing the legal age of consent for rape from 18 to 16 years old. 

The Bench further emphasised how the youngster is punished in society like a criminal because the legal age of consent is 18, which causes injustice to young boys. It also stressed how social media's influence and easy access to the internet have contributed to early puberty and a rise in people as young as 14 years old becoming more aware of sexual issues.

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Due to social media knowledge and readily available internet connectivity, puberty now occurs in every male and female around the age of 14 years. As a result, male and female kids are attracted to one another, and these feelings lead to consenting physical relationships. The court acknowledged the developing maturity and interactions amongst young people when it said, "In these circumstances, male persons are not all criminals."

This statement was made by the HC during a hearing on a plea filed by a 17-year-old boy who had been arrested under the POCSO Act after receiving a complaint from a 14-year-old girl in Gwalior. 2020 saw the accused's arrest on rape-related allegations.

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The student girl became pregnant, and an abortion took place in 2020 with the court's previous approval. On Friday, the defence attorney claimed that both the victim and the accused gave their agreement to the development of the physical relationship.  After hearing the arguments from both sides, the bench quashed the FIR against the accused person and requested the Centre to consider lowering the age from 18 to 16.