This observation from the CJI comes days after Madras High Court said that it is “eagerly waiting” for the legislature to reduce the age of consent under the POCSO Act from the current 18 years.
However, as long as the POCSO Act defines anyone below the age of 18 as a child, the Court could not interpret the age of consent in any other way.
“Whereas, the law defines that the person who has not completed the age of 18 years, is a child. This Court, being an Appellate Court, is a final fact finding Court cannot traverse beyond the statute. This Court also eagerly is waiting for the amendment in the Legislature as expressed by my learned brothers,” the Court stated.
Source: Barandbench
