The panel further advised the government to introduce guided judicial discretion for sentencing in cases which require tacit approval of children within 16-18 years.
The Law Commission in India has recommended against changing the age of consent under the Protection of Children from Sexual Offences (POCSO) Act. Instead, it suggested introducing guided judicial discretion in cases involving tacit approval of children aged 16-18. The Commission emphasized the negative impact of reducing the age of consent on efforts to combat child marriage and trafficking.
Thus, the Commission has deemed it fit to "introduce judicial discretion in the matter of sentencing" in such cases. The detailed report says that judicial discretion will "ensure that the law is balanced, thus safeguarding the best interests of the child". The current age of consent in India is 18 years.
India News: The Law Commission has advised against lowering the “age of consent” from the existing 18 years and also suggested amendments in Protection of Childre