Sabari v. State of Tamil Nadu
Madras High CourtMANU/SCOR/19670/2022Bench: J. N. Anand Venkatesh
The Madras High Court expressed concern about the application of POCSO to consensual relationships between adolescents who are close in age. The Court noted: (1) POCSO does not distinguish between consensual and non-consensual sexual acts where the victim is below 18. (2) The age of consent of 18 years under POCSO may cause hardship in cases of adolescent relationships. (3) Parliament should consider introducing a "close-in-age" exception (as in some countries) where the age difference is minimal and the relationship is genuinely consensual. (4) However, the Court recognised that absent legislative change, courts are bound to apply POCSO as it stands — consent of a minor is irrelevant in law. The accused was convicted but recommended for reduced sentence considering the consensual nature. The Court referred the issue of age of consent revision to the Government for consideration.