Consensual Sexual Intercourse among children Vs Current Legal Provisions under POCSO: A Scientific Review with Prospective Quantitative Analytical Study

Abstract

Background: Prevention of Children from Sexual Offences (POCSO) act criminalizes all acts of sexual intercourse and does not differentiate acts of consensual sexual intercourse from provisions of the said act. Aim: To find incidence and demography of victims and accused in cases of consensual sexual intercourse registered as cases of alleged sexual assault under POCSO Material and Method: Current study was conducted at B J Government Medical College Pune on alleged cases of sexual assault brought for examination during November 2015 to September 2017, with cases of female child with history of consensual sexual intercourse being the inclusion criteria. Result: A total of 174 (32.58%) cases of consensual sexual intercourse was examined with the majority being from the age group of 16-17 years (36.78%). Out of 174 cases, 24 were pregnant. In all only 02 were completely illiterate. Among accused majority were from the age group of 22-24 years (40.23%). Conclusion: Consensual sexual intercourse among children is known and different entity and should be treated separately from the purview of POCSO, but should also maintain the letter and spirit of the law.