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Between an Adult and a Child
Adult = 18 years and above.
Child = Younger than 18 years.
The law does not recognize a child’s ability to give consent to have sex. This means that if an adult asks a child to engage in any kind of sexual activity, and the child said yes explicitly or implies that they consent, this activity will still be considered as child sexual abuse.1
If two children are found engaging in sexual activities willingly, it is still considered illegal. The age of consent for girls and boys is 18 years.2
If a boy above 16 years of age engages in any sexual activity with a girl who is below 18 years of age then it can be considered a crime3 and if reported, the boy can be prosecuted under the law.0
- Independent Thought v. Union of India and Another (2017) 10 SCC 800
- Section 2(d), The Protection of Children from Sexual Offences Act, 2012
- Independent Thought v Union of India and Another (2017) 10 SCC 800