MP's Panel Not To Push For Lowering Age To 16 In Serious POCSO Cases After Govt's Justification

The response came after the Rajya Sabha MP and Congress leader Anand Sharma noted that in many crimes committed under the POCSO Act the age of the juveniles is below 18.

New Delhi: A parliamentary panel has decided not to push for lowering the age limit for juveniles involved in serious POCSO cases. The panel had earlier asked to lower the age from 18 to 16 as it highlighted that minor sexual offenders "may commit more serious and heinous crimes if left untreated". 

The government asserted that existing laws are adequate to deal with heinous crimes committed by those in this age group. To which the panel was satisfied and said it does not wish to pursue the matter in view of the government's reply.

The government's response came after the Rajya Sabha MP and Congress leader Anand Sharma noted that in many crimes committed under the POCSO Act the age of the juveniles is below the age for applicability of the law.

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"It is important to relook at these provisions because more and more juveniles are getting involved in such crimes. The Committee, therefore, recommends that the MHA may take up MoW&CD to review the current age limit of 18 years and see if it can be reduced to 16 years for the applicability of the POCSO Act, 2012," the panel had noted as reported by PTI. 

Women and Child Development Ministry responded and informed that the Juvenile Justice (Care and Protection of Children) Act, (JJ Act), 2015 which is the primary legislation for children in need of care and protection (CNCP) and children is in conflict with the law.

"Child accused of a crime under POCSO Act is protected under the provisions of JJ Act, 2015 based on the principle of restorative justice. The JJ Act, 2015 empowers Juvenile Justice Board to decide upon matters of children in conflict with the law. Further, offences committed by the children have been categorised as petty, serious and heinous offences," the WCD Ministry said in its response according to PTI. 

"The JJ Act, 2015 also includes a procedure to decide upon cases where children above the age of 16 years have been alleged to commit a heinous offence," the WCD ministry added.