Overview

• On July 23, the Union government filed written submissions before Justices Vikram Nath and Sandeep Mehta, arguing that a uniform age-18 consent threshold across POCSO, the IPC, BNS, the Juvenile Justice Act and child marriage laws reflects a coherent policy to shield minors from exploitation.
• Amicus curiae Indira Jaising, assisting in the Nipun Saxena case, countered on July 24 by urging the court to read the consent age down to 16 and to introduce a close-in-age exception for consensual relationships between 16- and 18-year-olds.
• Jaising highlighted a 180 percent rise in POCSO prosecutions of 16- to 18-year-olds between 2017 and 2021, noting that most cases are lodged by parents—often targeting inter-caste or inter-faith relationships against the girl’s wishes.
• The government pointed to data showing over half of child sexual offences are committed by individuals known to the victim—such as family members or caregivers—to justify strict liability under POCSO.
• The Supreme Court bench has underscored the need to distinguish coercive abuse from consensual teen relationships and will hear further arguments when proceedings resume on August 20.