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Adolescence, consent & the grey zone for Pocso

12 0
01.06.2025

In May 2018, when she ran off to “marry” him, she was 14 and he was 25. When her mother went to get her back, she refused to return and, so, the mom filed a police complaint. By the time police arrested him in 2021, the couple already had a daughter.

Indian law puts the age of consent at 18. This means that sex with a girl below the age of 18, even if she consents, amounts to rape under the stringent Protection of Children from Sexual Offences (Pocso) law.

The law does not recognise the relationship between the 14-year-old girl and the 25-year-old man. In a trial court, the girl told the judge she loved the man and wanted to live with him. Sorry, said the judge, and sentenced him to 20 years in prison. The man was able to get bail and appealed before the Calcutta High Court (HC).

In October 2023, the HC acquitted him but not before a bizarre digression into adolescent sexual urges and advice to........

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