Consent defence has no place in child sexual abuse cases: Kerala HC

In a significant legal pronouncement on child protection, the Kerala High Court has clarified that the question of consent is entirely irrelevant in prosecutions under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The court made this position explicit while rejecting a plea by an accused seeking to overturn his conviction on the basis of alleged consent.

The judgment underscores the legislative intent behind POCSO, which operates on the principle that children cannot legally consent to any form of sexual activity. The law treats all such acts as offences irrespective of whether the child or their guardian claims to have consented to the act in question.

This ruling reinforces existing jurisprudence that holds the protection of children from sexual exploitation as a paramount concern that supersedes other considerations. By dismissing arguments centred on consent, the court has sent a clear message to accused persons that such defences will not be entertained in POCSO proceedings.

The decision is significant for strengthening the legal framework protecting minors across India's judiciary. It aligns with the Supreme Court's previous pronouncements on the matter and establishes a consistent standard that courts must apply when adjudicating sexual offence cases involving children.