2025, Vol. 5, Issue 1, Part B
Protecting the innocent, prosecuting the innocent: Loopholes in the POCSO framework
Author(s): Lamiya Sultana
Abstract: The
Protection of Children from Sexual Offences (POCSO) Act, 2012 was enacted to
safeguard children from sexual offences through stringent legal provisions.
However, the law's implementation has revealed several challenges and
ambiguities. This empirical research critically examines grey areas within the
POCSO Act, such as the rigid age criteria, criminalization of consensual
adolescent relationships, lack of medical evidence, procedural deficiencies,
and presumption of guilt. Through surveys, interviews, and case analyses, the
study evaluates public perception, stakeholder insights, and real-world
implications. Findings suggest a growing consensus on revisiting the age of
consent, the need for impartial investigations, and ensuring procedural
fairness for both victims and accused. The research advocates for balanced
reforms that uphold child protection without undermining adolescent autonomy or
due process, ensuring the Act remains just, relevant, and effective in modern
Indian society.
DOI: 10.22271/27899497.2025.v5.i1b.126Pages: 109-116 | Views: 4001 | Downloads: 2604Download Full Article: Click Here
How to cite this article:
Lamiya Sultana.
Protecting the innocent, prosecuting the innocent: Loopholes in the POCSO framework. Int J Criminal Common Statutory Law 2025;5(1):109-116. DOI:
10.22271/27899497.2025.v5.i1b.126