Protecting the innocent, prosecuting the innocent: Loopholes in the POCSO framework

The Protection of Children from Sexual Offences (POCSO) Act, 2012 was enacted to safeguard children from sexual offences through stringent legal provisions. However, the law's implementation has revealed several challenges and ambiguities. This empirical research critically examines grey areas within the POCSO Act, such as the rigid age criteria, criminalization of consensual adolescent relationships, lack of medical evidence, procedural deficiencies, and presumption of guilt. Through surveys, interviews, and case analyses, the study evaluates public perception, stakeholder insights, and real-world implications. Findings suggest a growing consensus on revisiting the age of consent, the need for impartial investigations, and ensuring procedural fairness for both victims and accused. The research advocates for balanced reforms that uphold child protection without undermining adolescent autonomy or due process, ensuring the Act remains just, relevant, and effective in modern Indian society.

Authors

Publication Details

Journal
International Journal of Criminal Common and Statutory Law
Published
2025-01-01
DOI
https://doi.org/10.22271/27899497.2025.v5.i1b.126
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
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article

Protecting the innocent, prosecuting the innocent: Loopholes in the POCSO framework

Lamiya Sultana
International Journal of Criminal Common and Statutory Law
International Law and Human Rights
article

Protecting the innocent, prosecuting the innocent: Loopholes in the POCSO framework

Lamiya Sultana
article en

Abstract

The Protection of Children from Sexual Offences (POCSO) Act, 2012 was enacted to safeguard children from sexual offences through stringent legal provisions. However, the law's implementation has revealed several challenges and ambiguities. This empirical research critically examines grey areas within the POCSO Act, such as the rigid age criteria, criminalization of consensual adolescent relationships, lack of medical evidence, procedural deficiencies, and presumption of guilt. Through surveys, interviews, and case analyses, the study evaluates public perception, stakeholder insights, and real-world implications. Findings suggest a growing consensus on revisiting the age of consent, the need for impartial investigations, and ensuring procedural fairness for both victims and accused. The research advocates for balanced reforms that uphold child protection without undermining adolescent autonomy or due process, ensuring the Act remains just, relevant, and effective in modern Indian society.

International Journal of Criminal Common and Statutory LawVol. 5(1)
Peace, Justice and strong institutions
Openalex Percentile: Top 88%
International Law and Human Rights
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