POCSO Act and the Proposed Romeo–Juliet Clause

The Protection of Children from Sexual Offences (POCSO) Act, 2012 (POCSO Act) safeguards children below the age of 18 from sexual abuse, exploitation, and harassment.While the Act has played a crucial role in addressing serious sexual crimes against children, over the years, there have been concerns about its blanket application, particularly in cases of consensual relationships between adolescents who are close in age. 

Why is Blanket Criminalisation under POCSO a Problem?

Under the POCSO law, any sexual activity involving a person below 18 years of age is treated as an offence. The law does not distinguish between exploitative conduct by adults and consensual romantic relationships between teenagers. So, even voluntary sexual acts between adolescents aged, for instance, 16 and 18, or 15 and 17, can attract severe criminal charges such as penetrative sexual assault.

This can transform a consensual relationship into a grave criminal case. 

Under the POCSO Act, the punishments upon conviction are extremely stringent. Even in cases involving consensual relationships between adolescents (where one party is below 18), the law does not recognise consent as a defence. 

A conviction for penetrative sexual assault carries a punishment of atleast 10 years’ jail time, which may extend to life imprisonment. If the child is below 16 years, the punishment can go up to 20 years. 

For non-penetrative sexual assault, the minimum sentence is 3 years, extending up to 5 years. 

These severe mandatory minimum sentences mean that once convicted, courts have very limited discretion. This can transform what may have been a consensual adolescent relationship into a grave criminal conviction with long-term legal, social, and psychological consequences.

What is the Romeo–Juliet Clause?

A Romeo–Juliet clause decriminalises consensual sexual activity between minors who are close in age, or between a minor and a young adult within a specified age gap. Such clauses exist in several jurisdictions, including the United States, Canada, and parts of Europe. The intent is to prevent harsh penalties for consensual adolescent relationships while maintaining strict punishment for predatory or exploitative conduct.

Applied to India, a Romeo–Juliet clause would carve out an exception under POCSO for consensual relationships where:

• Both parties are adolescents (where one party is below 18),
  
• The age difference falls within a defined limit (for example, 2–5 years),
  
• There is no element of coercion, manipulation, abuse of authority, or exploitation.

What did the Supreme Court say?

The Supreme Court, in State of Uttar Pradesh v. Anurudh & Anr., took note of the growing misuse of the POCSO Act in cases of consensual adolescent relationships. The Court observed that the Act, though well-intentioned, is being applied mechanically, leading to unjust outcomes. It highlighted that treating all such relationships as serious sexual offences can have devastating consequences on young lives. 

The Court urged the Union Government to consider introducing a Romeo–Juliet clause. It recognised that criminal law should not intrude into consensual relationships between adolescents with minor age differences.