Overview
- A bench of Justices Sanjay Karol and N.K. Singh made the observation while setting aside certain Allahabad High Court directions in a POCSO bail case.
- The Court asked the Union government to examine a close‑in‑age exemption to shield genuine adolescent couples from prosecution, with reported models ranging from two‑ to five‑year age gaps and proposals such as a minimum age of 16 with a three‑year gap.
- The order flagged systemic misuse, including misrepresentation of age and familial complaints, and suggested exploring a mechanism to prosecute those who weaponise the law.
- No statutory change has been made yet, and the suggestion stands as a judicial recommendation for legislative consideration.
- Current law treats any sexual activity with a person under 18 as statutory rape, a regime put in place by the 2012 POCSO Act and the 2013 criminal law amendment, with NGO data showing many cases involve consensual teenage relationships often reported by parents.