Nagpur – The Bombay High Court has recently stated that the “criminalisation of romantic relationships has overburdened the criminal justice system, consuming a significant amount of time for the judiciary, police, and the child protection system.”
The court was hearing an appeal against a trial court judgment that had convicted a 25-year-old man and sentenced him to 10 years in jail for sexually assaulting a 17-year-old, despite the girl stating that they were in a consensual relationship.
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24 April 2025
The High Court quashed the trial court’s finding, distinguishing between child abuse and the criminalisation of consensual adolescent sexual activity. In December of last year, Chief Justice of India DY Chandrachud called for legislative reform to address the gaps in the law when it comes to consensual sexual activity of teenagers.
History of sexual consent in India:
The law prescribes that the minimum age for sexual consent is 18 years, but the reality is that sexual activity among adolescents begins earlier. In India, the legal regime on the age of sexual consent began in 1860 with the Indian Penal Code prescribing it at 10 years. In 1889, it was raised to 12 years, in 1925 to 14 years, and to 16 years in 1949. This law continued for over six decades until the POCSO Act was brought in in 2012.
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