In a recent ruling, the Madhya Pradesh High Court has requested the central government to reconsider the age of sexual consent, suggesting it be reduced from 18 years to 16 years. The court highlighted that the Criminal Law (Amendment) Act, which raised the age of consent to 18, has caused social disruptions and led to unfair treatment of adolescent boys.
Background of the Case
Justice Deepak Kumar Agarwal made this observation while hearing a plea to quash an FIR against a 23-year-old man accused of raping a minor girl. According to the victim’s claim, the accused, who was her coach, gave her juice that rendered her unconscious, after which the assault allegedly occurred.
The man was charged under several sections, including rape, the Protection of Children from Sexual Offences (Pocso) Act, and the Information Technology (IT) Act. The court, however, ordered the FIR to be quashed on June 27, 2023.
Court’s Observations
Justice Agarwal pointed out that friendships and physical relationships often develop between adolescents due to natural attraction, yet the law unfairly criminalizes young boys in these situations. He said, “Today, most criminal cases involving prosecutrix under 18 are a result of this anomaly, and injustice is happening with adolescent boys.”
He urged the government to reconsider reducing the age of consent to 16, as it was before the amendment, to prevent further injustice. The judge noted that due to early exposure to social media, many adolescents are reaching puberty sooner, which leads to consensual sexual relationships at a younger age.
Delay in Filing FIR
The court also noted that there was a seven-month delay in filing the FIR, with the defence counsel arguing that any intercourse between the two was consensual and without force. The lawyer representing the state, however, maintained that since the victim was a minor at the time, the case should stand.
Impact of Social Media and Early Puberty
The court further observed that the internet and social media have significantly impacted adolescence, with boys and girls developing physical relationships at an earlier age. Justice Agarwal emphasized that young males engaging in consensual relationships should not be treated as criminals.
Final Verdict
In light of these observations, the court dismissed the case, concluding that the accused had not committed a crime but had been caught in a legal grey area due to the current age of consent laws.
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