The legal framework
The Protection of Children from Sexual Offences Act 2012 sets 18 as the age below which any sexual activity is an offence, with no exception for consensual relationships between adolescents. Around a quarter of POCSO cases are said to involve consensual teenage relationships. The Supreme Court has been hearing arguments on whether the threshold should be reduced to 16.
Key points
| Age of consent | 18, with no close-in-age exception |
|---|---|
| POCSO | Gender-neutral for victims, with mandatory reporting duties |
| Mandatory reporting | Professionals must report, which conflicts with confidential health care for adolescents |
| Marital rape | An exception remains in the penal law for wives over 18; the question is before the Supreme Court |
| Consent definition | Defined in the penal law as unequivocal voluntary agreement |
| Limitation | None for POCSO offences |
| Two-finger test | Prohibited by the Supreme Court and treated as misconduct |
| Marital exception | Rape within marriage remains an exception, currently before the Supreme Court |
| Free medical treatment | Hospitals must provide it and may not refuse |
In practice
- Report to the police at any station; you do not have to decide immediately whether to pursue a prosecution.
- A forensic medical examination can usually be carried out and stored before any decision to report.
- Specialist support services can attend with you and explain each step.
- Ask for written confirmation of any examination and of the report reference.
- Go to any hospital: free treatment and medico-legal examination are mandatory and cannot be refused.
- A zero FIR can be filed at any police station, regardless of where the offence occurred.
Recent changes
The Supreme Court is considering both the age of consent and the marital rape exception — two of the most consequential questions in Indian criminal law.
Where to go
- Childline 1098 and women's helpline 181.
- One Stop Centres in most districts, providing medical, police and legal help in one place.
- District legal services authorities for free legal aid.
Worth knowing
For adolescents, the mandatory reporting duty under POCSO can deter them from seeking medical care. The Supreme Court has held that a doctor providing abortion care need not disclose a minor's identity where the relationship was consensual. The zero FIR rule means no police station can turn you away for jurisdictional reasons. Refusal to register an FIR is itself an offence.
Official sources and links
- India.gov.in — national portal of India
- India Code — central and state legislation