Anoop v. State of Kerala
Kerala High CourtMANU/KE/3821/2022Bench: J. A. Badharudeen
The Kerala High Court unequivocally held that the POCSO Act makes no distinction whatsoever between consensual and non-consensual acts where the victim is a child (below 18 years of age). The consent of a minor is legally irrelevant — a minor cannot consent to sexual acts in law. Parliament, by fixing the age of consent at 18 years under POCSO, has made an absolute policy determination that any sexual act with a person below 18 is criminal, regardless of apparent consent. Courts cannot create exceptions where Parliament has made none. The prosecution was upheld.