Karnataka HC asks govt to educate students on Pocso Act

The court made the observation after coming across several cases of elopement resulting in criminal prosecution of minors

The Dharwad Bench of the Karnataka High Court called for educating students, especially those in class 9 and above, about the acts that are criminalised under the Protection of Children from Sexual Offences (Pocso) Act and the IPC.

A division bench headed by Justice Suraj Govindaraj directed the principal secretary of education department to constitute a committee to formulate suitable material for all schools, saying that students should be forewarned about the consequence of their actions.

The court made the observation after coming across several cases of elopement resulting in criminal prosecution of minor girls/boys, who attain the age of majority by the time the case reaches the stage of trial.

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“Many a time, the boy and the girl involved are either closely related or known to each other. One thing leads to another and being of an impressionable age, some things are done by them without knowing the applicability of Pocso Act or provisions of the IPC, which make them an offence,” the bench said.

The court also asked the Law Commission of India to reconsider the age of consent in Pocso Act, which is 18 years at present.

“Having come across several cases relating to girls above the age of 16 having fallen in love and eloped and in the meantime, having had sexual intercourse with the boy, we are of the opinion that the law commission would have to rethink on the age criteria so as to take into consideration the ground realities,” it said.