The Supreme Court highlighted a 'worrying trend' of criminalising long-term consensual relationships when they turn sour, calling for careful scrutiny to prevent misuse of criminal laws
Flagging the "worrying trend" where long term consensual relationships, upon turning sour, were sought to be criminalised by invoking penal laws, the Supreme Court on Tuesday quashed an FIR lodged against a man for alleged offences of rape and cheating. Noting that the relationship continued for nine long years in the case, the apex court observed if criminality was to be attached to such prolonged physical relationship at a very belated stage, it could lead to serious consequences. "It is evident from the large number of cases decided by this court dealing with similar matters as discussed above that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence," a bench of Justices B V Nagarathna and N Kotiswar Singh said. The top court delivered its verdict on an appeal filed by a man, who had challenged a February 2018 order of the Bombay High Court which dismissed
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Government has no plans to reduce the age of consent for consensual relationships, the Rajya Sabha was informed on Wednesday. In a written reply to a question whether the government is considering changing the age of consent for consensual relationships to 16 years from the present 18 years, Women and Child Development Minister Smriti Irani said the question "does not arise". The minister said the Protection of Children from Sexual Offenses (POCSO) Act, 2012 enacted to safeguard children from sexual abuse and sexual offences clearly defines a child as any person below the age of 18 years. The Act was further amended in 2019 to introduce more stringent punishment, including death penalty for committing sexual crimes on children, with a view to deter the perpetrators and prevent such crimes against children. "In case of commission of offence by child, Section 34 under POCSO Act already provides procedure in case of commission of offence by child and determination of age by Special ..
'There can be circumstances where the survior of a sexual offence, can be forced to reach a compromise. Hence each case must be looked into on the basis of the facts and circumstances'
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